0370 270 6000

Counting the costs…

3 August 2011

Public bodies acting in good faith to bring proceedings to the Court of Protection appropriately should not fear a costs order, but where delay in doing this makes the case more complicated and costly, they can expect to be punished in costs, as well as publicity.

In the long running Deprivation of Liberty case of G v E, Manchester City Council was named and shamed for breaching Articles 5 (liberty) and 8 (family life) of the European Convention by removing a young man with learning difficulties from his foster family, and putting him into a supported living arrangement without lawful authority.

The Court of Appeal has now (2 August 2011) upheld the costs order that the local authority should pay a hefty chunk of the family’s legal costs, rumoured to run to hundreds of thousands of pounds. After the recent judgment in Neary, this is another good reason to be getting appropriate cases to Court as quickly as possible.

Related opinions

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Wide interpretation of “detriment” caused victimisation claim to succeed

The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.

View blog

LPS - it’s out

The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up