London Borough of Lambeth v MCS & Anor [2018] EWCOP 20 (31 August 2018)

London Borough of Lambeth v MCS & Anor [2018] EWCOP 20 (31 August 2018)

The Applicant and Second Respondent's conduct before and during proceedings was so poor and the proceedings so fundamentally unnecessary that they should bear the costs jointly and severally.

Citation
[2018] EWCOP 20
Parties
Applicant: London Borough of Lambeth; 1st Respondent: MCS; 2nd Respondent: Lambeth CCG
Jurisdiction
England and Wales
Judgment Date
31 August 2018
Procedural Posture
Court of Protection / Ruling on Costs
Outcome
Costs order against Applicant and Second Respondent jointly and severally.
Legal Topics
Costs in Court of Protection, Institution and Conduct of Proceedings, Repatriation of Vulnerable Adults
Mental Capacity Law Public Law Costs in Court of Protection Institution and Conduct of Proceedings Repatriation of Vulnerable Adults

Case Brief

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Parties

London Borough of Lambeth

Applicant

MCS

1st Respondent

Lambeth CCG

2nd Respondent

Procedural Posture

Court of Protection / Ruling on Costs

Legal Issues

  1. 1 Whether the Applicant and Second Respondent should bear the costs of proceedings due to their conduct and the necessity of the proceedings

Ratio Decidendi

The Applicant and Second Respondent's conduct before and during proceedings was so poor and the proceedings so fundamentally unnecessary that they should bear the costs jointly and severally.

Court Disposition

Costs order against Applicant and Second Respondent jointly and severally.

Orders

  • Applicant and Second Respondent to bear the costs of the proceedings jointly and severally.