RP (Appeal costs)

RP (Appeal costs)

Although the conduct of the local authority and guardian fell short of the expected standard, it did not reach the threshold of unreasonable or reprehensible behaviour required to justify a costs order in children proceedings.

Parties
Appellant: LR; Respondent: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: RP (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Family Law Appeal / Costs Determination After Appeal
Outcome
No order as to costs
Legal Topics
Care Proceedings, Costs Orders, Appeals, Children's Welfare
Family Law Care Proceedings Costs Orders Appeals Children's Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

LR

Appellant

A Local Authority

Respondent

A Mother

Respondent

A Father

Respondent

RP (by her children’s guardian)

Respondent

Procedural Posture

Family Law Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 Whether a costs order should be made against the local authority and Cafcass after 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 unreasonable or reprehensible behaviour required to justify a costs order in children proceedings.

Court Disposition

No order as to costs

Orders

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