In the matter of B (Medical) [2020] JRC 065 (23 April 2020)

In the matter of B (Medical) [2020] JRC 065 (23 April 2020)

Where a best interests decision concerning the person of a vulnerable individual is brought by the Minister and parents are convened, it is fundamentally unfair for parents to bear their own legal costs while other parties are funded by the public; a protective costs order is appropriate, aligning with public law children cases.

Citation
[2020] JRC 065
Parties
Applicant: Minister; First Respondent: Patient; Second Respondents: Parents
Jurisdiction
Jersey
Judgment Date
23 April 2020
Procedural Posture
Best Interests Application Under Capacity and Self Determination (jersey) Law 2016 / Costs Order Following Directions Judgment
Outcome
Protective costs order granted
Legal Topics
Protective Costs Orders, Best Interests Decisions, Legal Representation, Public Funding
Mental Capacity Family Law Public Law Protective Costs Orders Best Interests Decisions Legal Representation Public Funding

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Minister

Applicant

Patient

First Respondent

Parents

Second Respondents

Procedural Posture

Best Interests Application Under Capacity and Self Determination (jersey) Law 2016 / Costs Order Following Directions Judgment

Legal Issues

  1. 1 Whether a protective costs order should be made for parents convened to a best interests application
  2. 2 Whether costs should be borne by public funds in cases affecting the person of a vulnerable individual

Ratio Decidendi

Where a best interests decision concerning the person of a vulnerable individual is brought by the Minister and parents are convened, it is fundamentally unfair for parents to bear their own legal costs while other parties are funded by the public; a protective costs order is appropriate, aligning with public law children cases.

Court Disposition

Protective costs order granted

Orders

  • Parents to receive contribution from public funds to their costs to the same extent as the independent capacity advocate, paid from the Judicial Greffe court and case costs vote.