In the Matter of T.H. A Ward of Court (Approved) [2020] IEHC 487 (01 October 2020)

In the Matter of T.H. A Ward of Court (Approved) [2020] IEHC 487 (01 October 2020)

Where a ward has sufficient means, the costs of legal representation in wardship proceedings should be borne out of the ward's own estate rather than by the HSE or State, as the right to be heard does not require State funding where the ward can pay. The court has explicit statutory jurisdiction to order costs from the ward's estate, and the circumstances did not justify departing from this practice.

Citation
[2020] IEHC 487
Parties
Respondent / Ward of Court: Mr H; Not Petitioner But Party With Carriage of Proceedings: Health Service Executive (HSE); Amicus/interested Party: General Solicitor for Minors and Wards of Court
Jurisdiction
Ireland
Judgment Date
01 October 2020
Procedural Posture
Wardship / Costs Application / Post Admission to Wardship; Application for Legal Costs Order
Outcome
Application for costs against HSE refused; costs to be paid out of the estate of the ward.
Legal Topics
Legal Representation of Wards, Entitlement to Costs in Wardship Proceedings, Funding of Legal Representation, Jurisdiction to Order Costs From Ward's Estate
Civil Procedure Wardship Costs Legal Representation of Wards Entitlement to Costs in Wardship Proceedings Funding of Legal Representation Jurisdiction to Order Costs From Ward's Estate

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Parties

Mr H

Respondent / Ward of Court

Health Service Executive (HSE)

Not Petitioner But Party With Carriage of Proceedings

General Solicitor for Minors and Wards of Court

Amicus/interested Party

Procedural Posture

Wardship / Costs Application / Post Admission to Wardship; Application for Legal Costs Order

Legal Issues

  1. 1 Whether the costs of legal representation for a ward in wardship proceedings should be borne by the HSE or out of the ward's own estate
  2. 2 Whether the right to be heard and represented in wardship proceedings requires State funding of legal costs
  3. 3 Jurisdiction of the court to order costs from the ward's estate

Ratio Decidendi

Where a ward has sufficient means, the costs of legal representation in wardship proceedings should be borne out of the ward's own estate rather than by the HSE or State, as the right to be heard does not require State funding where the ward can pay. The court has explicit statutory jurisdiction to order costs from the ward's estate, and the circumstances did not justify departing from this practice.

Court Disposition

Application for costs against HSE refused; costs to be paid out of the estate of the ward.

Orders

  • The measured costs of legal representation for Mr H in the wardship inquiry are to be paid out of the estate of the ward.
  • No order for costs against the HSE.