(Court of Appeal, Mummery, Hooper LJJ, McFarlane J, 2 August 2011)
The local authority had been found to have wrongfully deprived the man of his liberty and had breached his rights under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. The judge made a costs order in circumstances where the breach was considered to be so serious as to warrant a departure from the usual costs rules. The local authority appealed.
Costs appeals from the Court of Protection were determined in the same way as in other civil proceedings and would not be allowed unless the judge had erred. That could not be established in this case. Appeal dismissed.