M (Costs), Re

M (Costs), Re

E and A are to contribute one third of the costs of the two jointly instructed experts, Dr Beck and Mr McKinstrie. All other claims for costs by E and A, including travel expenses and wasted costs, are rejected as wholly misconceived and without merit. The local authority's application for costs is granted only in respect of the jointly instructed experts.

Parties
Applicant: A Local Authority; 1st Respondent: M (by his litigation friend, the Official Solicitor); 2nd Respondent: E; 3rd Respondent: A
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Court of Protection Mental Capacity / Costs Determination After Fact Finding and Welfare Orders
Outcome
E and A to pay one third of the costs of Dr Beck and Mr McKinstrie; all other costs applications dismissed.
Legal Topics
Costs, Deputyship, Factitious Disorder, Expert Evidence
Mental Capacity Law Family Law Costs Deputyship Factitious Disorder Expert Evidence

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Parties

A Local Authority

Applicant

M (by his litigation friend, the Official Solicitor)

1st Respondent

E

2nd Respondent

A

3rd Respondent

Procedural Posture

Court of Protection Mental Capacity / Costs Determination After Fact Finding and Welfare Orders

Legal Issues

  1. 1 Whether E and A should pay a contribution to expert costs
  2. 2 Whether E and A are entitled to recover costs from the local authority
  3. 3 Whether travel expenses and wasted costs should be awarded

Ratio Decidendi

E and A are to contribute one third of the costs of the two jointly instructed experts, Dr Beck and Mr McKinstrie. All other claims for costs by E and A, including travel expenses and wasted costs, are rejected as wholly misconceived and without merit. The local authority's application for costs is granted only in respect of the jointly instructed experts.

Court Disposition

E and A to pay one third of the costs of Dr Beck and Mr McKinstrie; all other costs applications dismissed.

Orders

  • E and A to contribute one third of the costs of Dr Beck and Mr McKinstrie.
  • All other claims for costs by E and A are dismissed.