RP (Appeal costs) [2019] EWCA Civ 680 (16 April 2019)

RP (Appeal costs) [2019] EWCA Civ 680 (16 April 2019)

Although the conduct of the local authority and guardian fell short of the expected standard, it did not reach the threshold of reprehensible or unreasonable behaviour required for a costs order in children proceedings. The general principle of no order as to costs applies.

Citation
[2019] EWCA Civ 680
Parties
Appellant: LR; First Respondent: A Local Authority; Second Respondent: A Mother; Third Respondent: A Father; Fourth Respondent: RP (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Appeal (family Law Care Proceedings) / Post Judgment Application for Costs
Outcome
No order as to costs
Legal Topics
Care Orders, Costs in Children Proceedings, Appeals, Conduct of Parties
Family Law Child Law Care Orders Costs in Children Proceedings Appeals Conduct of Parties

Case Brief

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Parties

LR

Appellant

A Local Authority

First Respondent

A Mother

Second Respondent

A Father

Third Respondent

RP (by her children's guardian)

Fourth Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether costs should be awarded against the local authority and Cafcass following a successful appeal by a foster carer in care proceedings

Ratio Decidendi

Although the conduct of the local authority and guardian fell short of the expected standard, it did not reach the threshold of reprehensible or unreasonable behaviour required for a costs order in children proceedings. The general principle of no order as to costs applies.

Court Disposition

No order as to costs

Orders

  • No order as to costs; each party to bear their own costs.