Somerset County Council v MK & Anor [2015] EWCOP B1 (30 January 2015)

Somerset County Council v MK & Anor [2015] EWCOP B1 (30 January 2015)

The Local Authority's manifestly unreasonable and bungled conduct, both before and during proceedings, directly caused unnecessary litigation and deprivation of liberty, justifying departure from the general rule and an order for indemnity costs against it.

Citation
[2015] EWCOP B1
Parties
Applicant: Somerset County Council; First Respondent: MK; Second Respondent: M (MK's Mother); Third Respondent: F (MK's Father); Fourth Respondent: MG (MK's Grandmother); Fifth Respondent: A (MK's Brother)
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Court of Protection Welfare / Judgment on Costs Following Substantive Judgment
Outcome
Costs order against Somerset County Council on an indemnity basis in favour of all other parties (except the fifth respondent).
Legal Topics
Costs in Court of Protection, Deprivation of Liberty, Article 6 ECHR, Article 8 ECHR, Unreasonable Conduct, Indemnity Costs
Mental Capacity Public Law Human Rights Costs in Court of Protection Deprivation of Liberty Article 6 ECHR Article 8 ECHR Unreasonable Conduct +1 more

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Parties

Somerset County Council

Applicant

MK

First Respondent

M (MK's Mother)

Second Respondent

F (MK's Father)

Third Respondent

MG (MK's Grandmother)

Fourth Respondent

A (MK's Brother)

Fifth Respondent

Procedural Posture

Court of Protection Welfare / Judgment on Costs Following Substantive Judgment

Legal Issues

  1. 1 Whether the general rule of no order as to costs in personal welfare proceedings should be departed from
  2. 2 Whether Somerset County Council's conduct justified an order for costs against it on an indemnity basis

Ratio Decidendi

The Local Authority's manifestly unreasonable and bungled conduct, both before and during proceedings, directly caused unnecessary litigation and deprivation of liberty, justifying departure from the general rule and an order for indemnity costs against it.

Court Disposition

Costs order against Somerset County Council on an indemnity basis in favour of all other parties (except the fifth respondent).

Orders

  • Somerset County Council to pay the indemnity costs of MK, M, F, and MG.