London Borough of Hillingdon v Neary & Ors

London Borough of Hillingdon v Neary & Ors

Departure from the general rule is justified due to Hillingdon's significantly unreasonable conduct, including illegality, poor decision-making, and delay. Hillingdon is ordered to pay Steven's costs on the standard basis from the issue of proceedings to the conclusion of the main hearing, except for costs attributable to press issues. No order as to costs for the period of cooperative arrangements or for press issues.

Parties
Applicant: The London Borough of Hillingdon; First Respondent: Steven Neary; Second Respondent: Mark Neary
Jurisdiction
England and Wales
Judgment Date
29 December 2011
Procedural Posture
Court of Protection Personal Welfare / Costs Judgment Following Final Determination
Outcome
Costs order against the applicant (Hillingdon) in favour of the first respondent (Steven Neary) on the standard basis for a defined period.
Legal Topics
Costs in Court of Protection, Departure From General Rule on Costs, Conduct of Public Authorities, Personal Welfare Proceedings
Mental Capacity Law Public Law Costs in Court of Protection Departure From General Rule on Costs Conduct of Public Authorities Personal Welfare Proceedings

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Parties

The London Borough of Hillingdon

Applicant

Steven Neary

First Respondent

Mark Neary

Second Respondent

Procedural Posture

Court of Protection Personal Welfare / Costs Judgment Following Final Determination

Legal Issues

  1. 1 Whether departure from the general rule of no order as to costs in personal welfare proceedings is justified
  2. 2 Appropriate costs order in light of the conduct of the local authority

Ratio Decidendi

Departure from the general rule is justified due to Hillingdon's significantly unreasonable conduct, including illegality, poor decision-making, and delay. Hillingdon is ordered to pay Steven's costs on the standard basis from the issue of proceedings to the conclusion of the main hearing, except for costs attributable to press issues. No order as to costs for the period of cooperative arrangements or for press issues.

Court Disposition

Costs order against the applicant (Hillingdon) in favour of the first respondent (Steven Neary) on the standard basis for a defined period.

Orders

  • Hillingdon to pay Steven Neary's costs on the standard basis from 28 October 2010 to 27 May 2011, except for costs attributable to press issues.
  • No order as to costs for the period after 27 May 2011 or for press issues.