M (Costs), Re [2015] EWCOP 45 (23 April 2015)

M (Costs), Re [2015] EWCOP 45 (23 April 2015)

Given the serious findings against E and A, but considering the hope for future cooperation and the fact that only two experts were jointly instructed, E and A are ordered to pay one third of the costs of Dr Beck and Mr McKinstrie only. All other claims for costs by E and A, including travel expenses and wasted costs, are rejected as wholly without merit.

Citation
[2015] EWCOP 45
Parties
Applicant: A Local Authority; First Respondent: M (by his litigation friend, the Official Solicitor); Second Respondent: E; Third Respondent: A
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Court of Protection Costs Judgment / Post Trial, Costs Determination
Outcome
Partially granted (local authority's application for contribution to expert costs allowed in part); all other costs applications dismissed.
Legal Topics
Costs in Court of Protection, Deputyship, Factitious Disorder, Expert Evidence, Litigants in Person
Mental Capacity Law Family Law Costs in Court of Protection Deputyship Factitious Disorder Expert Evidence Litigants in Person

Case Brief

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Parties

A Local Authority

Applicant

M (by his litigation friend, the Official Solicitor)

First Respondent

E

Second Respondent

A

Third Respondent

Procedural Posture

Court of Protection Costs Judgment / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether E and A should pay a contribution towards expert costs
  2. 2 Whether E and A are entitled to recover costs from the local authority
  3. 3 Whether a wasted costs order should be made against professionals

Ratio Decidendi

Given the serious findings against E and A, but considering the hope for future cooperation and the fact that only two experts were jointly instructed, E and A are ordered to pay one third of the costs of Dr Beck and Mr McKinstrie only. All other claims for costs by E and A, including travel expenses and wasted costs, are rejected as wholly without merit.

Court Disposition

Partially granted (local authority's application for contribution to expert costs allowed in part); all other costs applications dismissed.

Orders

  • E and A to pay one third of the costs of Dr Beck and Mr McKinstrie (jointly instructed experts).
  • All other claims for costs by E and A dismissed.