Sutton, R (on the application of) v Calderdale Council

Sutton, R (on the application of) v Calderdale Council

No order as to costs is appropriate because no substantive relief was granted, the proceedings were not necessary to achieve the outcome, interim assessments were made, and there was no clear breach by Calderdale Council.

Source-derived case information.

Parties
Claimant: Kevin Sutton; Defendant: Calderdale Council
Jurisdiction
England and Wales
Judgment Date
21 March 2012
Procedural Posture
Judicial Review / Costs Judgment After Withdrawal of Substantive Claim
Outcome
No order as to costs
Legal Topics
Judicial Review, Costs, Community Care Assessment, Mental Health Detention
Administrative Law Mental Health Law Community Care Judicial Review Costs Community Care Assessment Mental Health Detention

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kevin Sutton

Claimant

Calderdale Council

Defendant

Procedural Posture

Judicial Review / Costs Judgment After Withdrawal of Substantive Claim

Legal Issues

  1. 1 Whether the claimant is entitled to costs after withdrawal of judicial review proceedings where no substantive relief was granted
  2. 2 Whether Calderdale Council failed in its statutory duty to assess and provide for the claimant's needs

Ratio Decidendi

No order as to costs is appropriate because no substantive relief was granted, the proceedings were not necessary to achieve the outcome, interim assessments were made, and there was no clear breach by Calderdale Council.

Court Disposition

No order as to costs