In the matter of KK [2011] JRC 083 (15 April 2011)

In the matter of KK [2011] JRC 083 (15 April 2011)

An order for costs against the Minister is only appropriate in rare and exceptional circumstances where the Minister's conduct falls outside the ambit of reasonableness. In this case, the Minister's actions did not meet that threshold, as it was not unreasonable to await the final expert report before taking a position.

Citation
[2011] JRC 083
Parties
Applicant: Father; Applicant: Mother; Respondent: Minister
Jurisdiction
Jersey
Judgment Date
15 April 2011
Procedural Posture
Public Law Children Proceedings / Application for Costs Following Discharge of Interim Care Orders
Outcome
Applications for costs dismissed
Legal Topics
Interim Care Orders, Costs in Children Proceedings, Threshold Criteria, Judicial Discretion
Family Law Child Protection Public Law Interim Care Orders Costs in Children Proceedings Threshold Criteria Judicial Discretion

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Parties

Father

Applicant

Mother

Applicant

Minister

Respondent

Procedural Posture

Public Law Children Proceedings / Application for Costs Following Discharge of Interim Care Orders

Legal Issues

  1. 1 Whether the Minister should be ordered to pay costs following the discharge of interim care orders
  2. 2 Appropriate circumstances for awarding costs against a public authority in children proceedings

Ratio Decidendi

An order for costs against the Minister is only appropriate in rare and exceptional circumstances where the Minister's conduct falls outside the ambit of reasonableness. In this case, the Minister's actions did not meet that threshold, as it was not unreasonable to await the final expert report before taking a position.

Court Disposition

Applications for costs dismissed