JB (Costs)

JB (Costs)

The local authority's application for an injunction against SG was totally without merit and amounted to unreasonable conduct, justifying a departure from the usual rule of no order for costs. SB and the Official Solicitor are entitled to their costs occasioned by the injunction application.

Parties
Applicant: A Local Authority; Respondent: SB; Respondent: AW; Respondent: JB (by his litigation friend, the Official Solicitor); Respondent: SG Limited; Respondent: CCG A; Respondent: BCUHB; Respondent: 1st Respondent; Respondent: 3rd Respondent; Respondent: 4th Respondent; Respondent: 5th Respondent; Respondent: 6th Respondent
Jurisdiction
England and Wales
Judgment Date
02 October 2020
Procedural Posture
Personal Welfare Application (court of Protection) / Costs Ruling Following Withdrawal of Injunction Application
Outcome
Costs order in favour of SB and the Official Solicitor against the local authority for costs occasioned by the injunction application.
Legal Topics
Costs, Jurisdiction, Deprivation of Liberty, Party Joinder
Mental Capacity Health Law Civil Procedure Costs Jurisdiction Deprivation of Liberty Party Joinder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

SB

Respondent

AW

Respondent

JB (by his litigation friend, the Official Solicitor)

Respondent

SG Limited

Respondent

CCG A

Respondent

BCUHB

Respondent

1st Respondent

Respondent

3rd Respondent

Respondent

4th Respondent

Respondent

5th Respondent

Respondent

6th Respondent

Respondent

Procedural Posture

Personal Welfare Application (court of Protection) / Costs Ruling Following Withdrawal of Injunction Application

Legal Issues

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

Ratio Decidendi

The local authority's application for an injunction against SG was totally without merit and amounted to unreasonable conduct, justifying a departure from the usual rule of no order for costs. SB and the Official Solicitor are entitled to their costs occasioned by the injunction application.

Court Disposition

Costs order in favour of SB and the Official Solicitor against the local authority for costs occasioned by the injunction application.

Orders

  • Local authority to pay costs of SB and the Official Solicitor occasioned by the injunction application against SG.
  • In absence of agreement on quantum, costs to be subject to detailed assessment.