NCC v AH & Anor

NCC v AH & Anor

There is no entitlement to disclosure of expert reports or social services records after proceedings have concluded, especially where disclosure is sought for collateral purposes. No order for costs is justified as NCC acted properly and no assurance was given to pay respondents' legal costs.

Parties
Applicant: NCC; First Respondent: AH; Second Respondent: DH; Litigation Friend for Ah/interested Party: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
19 August 2014
Procedural Posture
Inherent Jurisdiction and Court of Protection Proceedings / Post Substantive Determination; Applications for Disclosure and Costs
Outcome
Applications for disclosure by AH and DH dismissed; no order as to costs.
Legal Topics
Disclosure of Expert Reports, Costs in Court of Protection, Confidentiality of Court Documents, Collateral Use of Evidence
Family Law Mental Capacity Law Disclosure of Expert Reports Costs in Court of Protection Confidentiality of Court Documents Collateral Use of Evidence

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Parties

NCC

Applicant

AH

First Respondent

DH

Second Respondent

Official Solicitor

Litigation Friend for Ah/interested Party

Procedural Posture

Inherent Jurisdiction and Court of Protection Proceedings / Post Substantive Determination; Applications for Disclosure and Costs

Legal Issues

  1. 1 Whether expert reports and social services records should be disclosed to AH and DH after conclusion of proceedings
  2. 2 Whether NCC should pay the costs of AH and DH in both sets of proceedings

Ratio Decidendi

There is no entitlement to disclosure of expert reports or social services records after proceedings have concluded, especially where disclosure is sought for collateral purposes. No order for costs is justified as NCC acted properly and no assurance was given to pay respondents' legal costs.

Court Disposition

Applications for disclosure by AH and DH dismissed; no order as to costs.

Orders

  • No disclosure of expert reports or social services records to AH or DH.
  • No order as to costs; each party to bear own costs.