RR ( Costs Judgement)

RR ( Costs Judgement)

The applicant's (MKC's) substandard practice, including failure to investigate safeguarding alerts, unlawful removal of P, delay in proceedings, and detrimental impact on P and her family, justifies a full costs order against the applicant, departing from the general rule.

Parties
Applicant: Milton Keynes Council; 1st Respondent: RR; 2nd Respondent: SS; 3rd Respondent: TT
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Court of Protection Welfare Proceedings / Costs Judgment
Outcome
Full costs order against the applicant
Legal Topics
Costs, Unlawful Removal, Safeguarding, Deprivation of Liberty, Article 5 and 8 ECHR
Mental Capacity Human Rights Public Law Costs Unlawful Removal Safeguarding Deprivation of Liberty Article 5 and 8 ECHR

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Parties

Milton Keynes Council

Applicant

RR

1st Respondent

SS

2nd Respondent

TT

3rd Respondent

Procedural Posture

Court of Protection Welfare Proceedings / Costs Judgment

Legal Issues

  1. 1 Whether the applicant's conduct justified a departure from the general rule on costs in welfare proceedings
  2. 2 Whether the applicant's acts and omissions caused the costs incurred by the 2nd respondent
  3. 3 Whether a full or partial costs order should be made

Ratio Decidendi

The applicant's (MKC's) substandard practice, including failure to investigate safeguarding alerts, unlawful removal of P, delay in proceedings, and detrimental impact on P and her family, justifies a full costs order against the applicant, departing from the general rule.

Court Disposition

Full costs order against the applicant

Orders

  • The applicant shall pay the 2nd respondent’s costs of the proceedings to date, subject to detailed assessment unless agreed.
  • The costs order shall include a detailed assessment of any publicly funded costs of the 2nd respondent.