JB (Costs) [2020] EWCOP 49 (02 October 2020)

JB (Costs) [2020] EWCOP 49 (02 October 2020)

The local authority's application for an injunction was totally without merit and amounted to unreasonable conduct, justifying a departure from the usual no-costs rule; therefore, the local authority must pay the costs of SB and the Official Solicitor occasioned by the injunction application.

Citation
[2020] EWCOP 49
Parties
Applicant: A Local Authority; 1st Respondent: SB; 2nd Respondent: AW; 3rd Respondent: JB (by his litigation friend, the Official Solicitor); 4th Respondent: SG Limited; 5th Respondent: CCG A; 6th Respondent: BCUHB
Jurisdiction
England and Wales
Judgment Date
02 October 2020
Procedural Posture
Court of Protection Personal Welfare Proceedings / Costs Determination Following Withdrawal of Injunction Application
Outcome
Costs order against the local authority in favour of SB and the Official Solicitor for costs occasioned by the injunction application; no order as to costs regarding the failure to join CCGs earlier.
Legal Topics
Costs in Court of Protection, Personal Welfare Proceedings, Jurisdiction for Injunctive Relief, Joinder of Parties
Mental Capacity Health and Social Care Law Costs in Court of Protection Personal Welfare Proceedings Jurisdiction for Injunctive Relief Joinder of Parties

Case Brief

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Parties

A Local Authority

Applicant

SB

1st Respondent

AW

2nd Respondent

JB (by his litigation friend, the Official Solicitor)

3rd Respondent

SG Limited

4th Respondent

CCG A

5th Respondent

BCUHB

6th Respondent

Procedural Posture

Court of Protection Personal Welfare Proceedings / Costs Determination Following Withdrawal of Injunction Application

Legal Issues

  1. 1 Whether the local authority should pay the costs of SB and the Official Solicitor occasioned by the application for an injunction against SG
  2. 2 Whether the local authority should pay costs for failure to join CCGs earlier

Ratio Decidendi

The local authority's application for an injunction was totally without merit and amounted to unreasonable conduct, justifying a departure from the usual no-costs rule; therefore, the local authority must pay the costs of SB and the Official Solicitor occasioned by the injunction application.

Court Disposition

Costs order against the local authority in favour of SB and the Official Solicitor for costs occasioned by the injunction application; no order as to costs regarding the failure to join CCGs earlier.

Orders

  • The local authority to pay the costs of SB and the Official Solicitor occasioned by the application for an injunction against SG, subject to detailed assessment if not agreed.
  • Applications for costs against the local authority for failure to join CCGs earlier are refused.