Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

COSTS: A and S v Lancashire County Council [2013] EWHC 851 (Fam)

Sep 29, 2018, 21:04 PM
Slug : costs-a-and-s-v-lancashire-county-council-2013-ewhc-851-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 24, 2013, 02:30 AM
Article ID : 102277

(Family Division, Peter Jackson J, 17 April 2013)

In the substantive proceedings freeing orders in relation to the two children, now statutory orphans, were discharged and declarations were made pursuant to s 7(1) (b) of the Human Rights Act 1998 that Lancashire County Council and the Independent Reviewing Officer had breach the rights of the boys under Arts 8, 6 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. A costs statement of £210,734.57 was served on behalf of the children.

The submission of the local authority, that these were family proceedings was accepted and, therefore, that FPR 28.1 applied and required a just order without applying the general rule that costs followed the event.

The local authority's conduct in relation to the children over many years had been blatantly unlawful and reprehensible and led inexorably to substantial litigation. There was therefore, no question that the local authority's conduct had been so unreasonable to the extent that it should pay the children's costs. 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from