DB & Ors v Worcestershire County Council

DB & Ors v Worcestershire County Council

Within the limited examination appropriate for costs determination, it is not possible to conclude claimants would have succeeded at a substantive hearing; claimants had a reasonable case but not clearly likely to win. Therefore, the fallback position of no order as to costs applies.

Parties
Claimant: DB and Others; Defendant: Worcestershire County Council
Jurisdiction
England and Wales
Judgment Date
27 October 2006
Procedural Posture
Judicial Review / Costs Determination After Withdrawal by Consent
Outcome
No order as to costs; detailed assessment of claimants' publicly funded costs.
Legal Topics
Community Care, Consultation, Costs in Judicial Review, Supporting People Funding, Disability Rights
Administrative Law Social Welfare Law Community Care Consultation Costs in Judicial Review Supporting People Funding Disability Rights

Case Brief

Summary, issues, holding and outcome

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Parties

DB and Others

Claimant

Worcestershire County Council

Defendant

Procedural Posture

Judicial Review / Costs Determination After Withdrawal by Consent

Legal Issues

  1. 1 Whether the defendant's decision to terminate Marpool Ltd's contract was unlawful due to inadequate consultation and failure to consider relevant factors
  2. 2 Whether the defendant unlawfully refused to fund Marpool Ltd for support services at claimants' current accommodation
  3. 3 Whether the defendant failed to carry out proper community care assessments

Ratio Decidendi

Within the limited examination appropriate for costs determination, it is not possible to conclude claimants would have succeeded at a substantive hearing; claimants had a reasonable case but not clearly likely to win. Therefore, the fallback position of no order as to costs applies.

Court Disposition

No order as to costs; detailed assessment of claimants' publicly funded costs.

Orders

  • No order as to costs of the application and hearing.
  • Detailed assessment of claimants' publicly funded costs.