Kirk v Devon County Council & Anor [2017] EWCA Civ 260 (12 April 2017)

Kirk v Devon County Council & Anor [2017] EWCA Civ 260 (12 April 2017)

Devon County Council is ordered to pay Mrs Kirk's costs of her successful appeal against the committal order from 20 October 2016, assessed on the standard basis, as her prior conduct does not outweigh the general rule that a successful appellant should recover costs. No order as to costs is made in relation to the welfare appeal, as it was not determined on its merits but became redundant due to Mrs Kirk's conduct.

Citation
[2017] EWCA Civ 260
Parties
Appellant: Teresa Kirk; Respondent: Devon County Council; Respondent: MM (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Appeal (civil, Court of Protection) / Costs Determination Following Successful Appeals
Outcome
Devon County Council to pay Mrs Kirk's costs of the committal appeal from 20 October 2016; no order as to costs for the welfare appeal; legal aid assessment of Mrs Kirk's costs directed; representation order made as of 27 October 2016.
Legal Topics
Costs, Committal for Contempt, Welfare Orders, Legal Aid
Family Law Court of Protection Civil Procedure Costs Committal for Contempt Welfare Orders Legal Aid

Case Brief

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Parties

Teresa Kirk

Appellant

Devon County Council

Respondent

MM (by his litigation friend the Official Solicitor)

Respondent

Procedural Posture

Appeal (civil, Court of Protection) / Costs Determination Following Successful Appeals

Legal Issues

  1. 1 Whether Devon County Council should pay Mrs Kirk's costs of her successful appeal against the committal order
  2. 2 Whether there should be any order as to costs in Mrs Kirk's appeal against the welfare order

Ratio Decidendi

Devon County Council is ordered to pay Mrs Kirk's costs of her successful appeal against the committal order from 20 October 2016, assessed on the standard basis, as her prior conduct does not outweigh the general rule that a successful appellant should recover costs. No order as to costs is made in relation to the welfare appeal, as it was not determined on its merits but became redundant due to Mrs Kirk's conduct.

Court Disposition

Devon County Council to pay Mrs Kirk's costs of the committal appeal from 20 October 2016; no order as to costs for the welfare appeal; legal aid assessment of Mrs Kirk's costs directed; representation order made as of 27 October 2016.

Orders

  • Devon County Council to pay Mrs Kirk's costs of the committal appeal from 20 October 2016, assessed on the standard basis if not agreed.
  • No order as to costs for Mrs Kirk's appeal against Baker J's welfare order.