AH & Ors, Re (Costs) [2011] EWCOP 3524 (16 November 2011)

AH & Ors, Re (Costs) [2011] EWCOP 3524 (16 November 2011)

Departure from the general rule is justified due to substandard practice by public bodies, failure to provide proper information and assessments, and the applicants' clear success. Respondents' conduct increased costs and failed to recognise the weakness of their own cases. Applicants are entitled to recover half their costs from the date proceedings were issued, apportioned among the provider and commissioning bodies.

Citation
[2011] EWCOP 3524
Parties
Applicants: VA, SB, DH, RM, EN, DR, AH, SP, DS (by their litigation friends the Official Solicitor, RH, RP and AS); Respondent: Hertfordshire Partnership NHS Foundation Trust; Respondent: Hertfordshire Primary Care Trust; Respondent: Hertfordshire County Council; Respondent: Ealing Primary Care Trust; Respondent: Barnet Primary Care Trust/London Borough Of Barnet
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Court of Protection Personal Welfare Proceedings / Costs Judgment Following Substantive and Compromised Proceedings
Outcome
Partial departure from general rule; applicants awarded half their costs from specified dates, apportioned among respondents.
Legal Topics
Costs in Court of Protection, Personal Welfare Proceedings, Best Interests Assessments, Conduct of Public Bodies, Compromised Proceedings, Legal Aid and Costs, Pre Action Conduct
Mental Capacity Law Health and Social Care Law Public Law Costs in Court of Protection Personal Welfare Proceedings Best Interests Assessments Conduct of Public Bodies Compromised Proceedings +2 more

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Parties

VA, SB, DH, RM, EN, DR, AH, SP, DS (by their litigation friends the Official Solicitor, RH, RP and AS)

Applicants

Hertfordshire Partnership NHS Foundation Trust

Respondent

Hertfordshire Primary Care Trust

Respondent

Hertfordshire County Council

Respondent

Ealing Primary Care Trust

Respondent

Barnet Primary Care Trust/London Borough Of Barnet

Respondent

Procedural Posture

Court of Protection Personal Welfare Proceedings / Costs Judgment Following Substantive and Compromised Proceedings

Legal Issues

  1. 1 Whether the general rule of no order as to costs in personal welfare proceedings should be departed from
  2. 2 Whether respondents should pay part of applicants' costs due to their conduct and outcome of proceedings
  3. 3 Appropriate apportionment of costs among multiple public bodies

Ratio Decidendi

Departure from the general rule is justified due to substandard practice by public bodies, failure to provide proper information and assessments, and the applicants' clear success. Respondents' conduct increased costs and failed to recognise the weakness of their own cases. Applicants are entitled to recover half their costs from the date proceedings were issued, apportioned among the provider and commissioning bodies.

Court Disposition

Partial departure from general rule; applicants awarded half their costs from specified dates, apportioned among respondents.

Orders

  • Hertfordshire Partnership NHS Foundation Trust and Ealing Primary Care Trust each to pay one quarter of Alan's costs from 14 July 2010 to 17 February 2011, subject to detailed assessment.
  • Same two respondents each to pay half of Alan's costs of the costs application.