Kirk v Devon County Council & Anor

Kirk v Devon County Council & Anor

Devon County Council is ordered to pay Mrs Kirk's costs for the committal appeal from 20 October 2016, assessed on the standard basis, as her appeal was successful and prior conduct does not justify depriving her of costs. No costs order is made for the welfare appeal, as it was conceded due to redundancy rather than merits.

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
Civil Appeal / Costs Determination Following Successful Appeals
Outcome
Costs order in favour of Mrs Kirk for committal appeal; no costs order for welfare appeal; legal aid assessment and representation order granted.
Legal Topics
Costs, Committal, Welfare Orders, Public Funding
Family Law Mental Capacity Civil Procedure Costs Committal Welfare Orders Public Funding

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

Civil Appeal / Costs Determination Following Successful Appeals

Legal Issues

  1. 1 Whether Devon County Council should pay Mrs Kirk's costs for the committal appeal
  2. 2 Whether costs should be awarded for the welfare appeal
  3. 3 Basis for costs assessment and apportionment

Ratio Decidendi

Devon County Council is ordered to pay Mrs Kirk's costs for the committal appeal from 20 October 2016, assessed on the standard basis, as her appeal was successful and prior conduct does not justify depriving her of costs. No costs order is made for the welfare appeal, as it was conceded due to redundancy rather than merits.

Court Disposition

Costs order in favour of Mrs Kirk for committal appeal; no costs order for welfare appeal; legal aid assessment and representation order granted.

Orders

  • Devon County Council to pay Mrs Kirk's costs of the committal appeal from 20 October 2016, assessed on the standard basis.
  • No order as to costs for Mrs Kirk's appeal against Baker J's welfare order.