Glover v Barker & Ors

Glover v Barker & Ors

There is no general principle that a defendant’s litigation friend should be liable for adverse costs orders; liability should only be imposed in cases of bad faith, improper or unreasonable behaviour, or substantial personal benefit. In this case, Ms Glover did not act in bad faith, did not stand to gain a substantial personal benefit, and the application was not so speculative as to justify a costs order. The costs orders against her were therefore set aside.

Parties
Appellant: Susan Glover; First Respondent: Iain Paul Barker; Second Respondent: Confiance Limited; Third Respondent: Euan Barker (a child by his litigation friend Deborah Barker)
Jurisdiction
England and Wales
Judgment Date
21 August 2020
Procedural Posture
Civil Appeal / Appeal From High Court (costs Judgment)
Outcome
Appeal allowed
Legal Topics
Costs Orders, Litigation Friends, Children in Litigation, Non Party Costs Liability
Civil Procedure Trusts and Estates Costs Orders Litigation Friends Children in Litigation Non Party Costs Liability

Case Brief

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Parties

Susan Glover

Appellant

Iain Paul Barker

First Respondent

Confiance Limited

Second Respondent

Euan Barker (a child by his litigation friend Deborah Barker)

Third Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (costs Judgment)

Legal Issues

  1. 1 Whether a litigation friend for a child defendant should be liable for adverse costs orders in the absence of misconduct
  2. 2 Whether the appellant, as litigation friend, should be ordered to pay the respondents’ costs of the unsuccessful application
  3. 3 Whether Tom and Freya should be treated as claimants or defendants for costs purposes

Ratio Decidendi

There is no general principle that a defendant’s litigation friend should be liable for adverse costs orders; liability should only be imposed in cases of bad faith, improper or unreasonable behaviour, or substantial personal benefit. In this case, Ms Glover did not act in bad faith, did not stand to gain a substantial personal benefit, and the application was not so speculative as to justify a costs order. The costs orders against her were therefore set aside.

Court Disposition

Appeal allowed

Orders

  • Costs orders against Ms Glover set aside