Barker v Confiance Ltd & Ors [2019] EWHC 1401 (Ch) (05 June 2019)

Barker v Confiance Ltd & Ors [2019] EWHC 1401 (Ch) (05 June 2019)

The court will generally order a litigation friend to pay the costs incurred by an unsuccessful child party, as would be ordered against an adult, unless specific circumstances justify a different order. The conduct of parties in prior proceedings, while disapproved, does not warrant depriving successful respondents of their costs in this case. The distinction between claimant and defendant is not determinative; the court must consider all circumstances.

Citation
[2019] EWHC 1401 (Ch)
Parties
Claimant: Iain Paul Barker; Defendant: Confiànce Ltd; Defendant: Euan Barker (a child by his litigation friend Deborah Barker); Defendant: Stuart Brown; Defendant: Joan Barker; Defendant: Ingrid Heywood; Defendant: Margot White; Defendant: Tom Barker (a child by his litigation friend Susan Mary Glover); Defendant: Freya Barker (a child by her litigation friend Susan Mary Glover); Defendant: Alison Meek (former litigation friend to Euan Barker); Defendant: Lauren Chadwick (a child); Defendant: Rowan Barker (a child by his litigation friend Deborah Barker); Applicant/litigation Friend: Susan Mary Glover
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Costs Application (post Substantive Judgment) / Post Judgment, Costs Determination
Outcome
Costs applications granted; litigation friend (Ms Glover) ordered to pay costs of unsuccessful application.
Legal Topics
Litigation Friend Liability, Non Party Costs Orders, Representation Orders, Settlement Approval, Conduct and Costs
Civil Procedure Trusts and Probate Children Law Litigation Friend Liability Non Party Costs Orders Representation Orders Settlement Approval Conduct and Costs

Case Brief

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Parties

Iain Paul Barker

Claimant

Confiànce Ltd

Defendant

Euan Barker (a child by his litigation friend Deborah Barker)

Defendant

Stuart Brown

Defendant

Joan Barker

Defendant

Ingrid Heywood

Defendant

Margot White

Defendant

Tom Barker (a child by his litigation friend Susan Mary Glover)

Defendant

Freya Barker (a child by her litigation friend Susan Mary Glover)

Defendant

Alison Meek (former litigation friend to Euan Barker)

Defendant

Lauren Chadwick (a child)

Defendant

Rowan Barker (a child by his litigation friend Deborah Barker)

Defendant

Susan Mary Glover

Applicant/litigation Friend

Procedural Posture

Costs Application (post Substantive Judgment) / Post Judgment, Costs Determination

Legal Issues

  1. 1 When can a litigation friend be ordered to pay costs?
  2. 2 Should costs orders be made against child parties?
  3. 3 Does the distinction between claimant and defendant affect litigation friend liability for costs?

Ratio Decidendi

The court will generally order a litigation friend to pay the costs incurred by an unsuccessful child party, as would be ordered against an adult, unless specific circumstances justify a different order. The conduct of parties in prior proceedings, while disapproved, does not warrant depriving successful respondents of their costs in this case. The distinction between claimant and defendant is not determinative; the court must consider all circumstances.

Court Disposition

Costs applications granted; litigation friend (Ms Glover) ordered to pay costs of unsuccessful application.

Orders

  • Ms Glover added as party for costs purposes under CPR 46.2.
  • Ms Glover ordered to pay costs of Confiànce Ltd, Euan Barker, Alison Meek, and Iain Paul Barker incurred in resisting the application of 27 June 2017.