Manchester City Council v G & Ors

Manchester City Council v G & Ors

The judge was entitled to depart from the general rule on costs due to the appellant's blatant disregard of statutory processes and ECHR rights, which amounted to misconduct. The judge's findings on the impact of the appellant's conduct on the length and complexity of proceedings justified the apportionment and...

Source-derived case information.

Parties
Appellant: Manchester City Council; 1st Respondent: G; 2nd Respondent: E (by his litigation friend the Official Solicitor); 3rd Respondent: F
Jurisdiction
England and Wales
Judgment Date
02 August 2011
Procedural Posture
Civil Appeal / Appeal From Costs Order in the Court of Protection
Outcome
Appeal dismissed
Legal Topics
Costs, Deprivation of Liberty, Article 5 ECHR, Article 8 ECHR, Court of Protection Rules
Civil Procedure Mental Capacity Human Rights Costs Deprivation of Liberty Article 5 ECHR Article 8 ECHR Court of Protection Rules

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Manchester City Council

Appellant

G

1st Respondent

E (by his litigation friend the Official Solicitor)

2nd Respondent

F

3rd Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Order in the Court of Protection

Legal Issues

  1. 1 Whether the judge erred in departing from the general rule on costs in Court of Protection personal welfare proceedings
  2. 2 Whether the conduct of Manchester City Council justified an order for costs against it, including indemnity costs
  3. 3 Whether costs should have been apportioned as ordered

Ratio Decidendi

The judge was entitled to depart from the general rule on costs due to the appellant's blatant disregard of statutory processes and ECHR rights, which amounted to misconduct. The judge's findings on the impact of the appellant's conduct on the length and complexity of proceedings justified the apportionment and award of indemnity and standard costs as ordered.

Court Disposition

Appeal dismissed

Orders

  • Manchester City Council to pay the costs of G, F and E, including pre-litigation costs, up to and including the first day of the hearing on 14 January 2010 on an indemnity basis.
  • Manchester City Council to pay one third of the costs of G, F and E from 14 January 2010 up to and including the hearing on 6 May 2010 on a standard basis.