A (Appeal: Costs), Re
[2024] EWHC 2218 (Fam)
North Central London Integrated Care Board v AA & Ors (Costs)
29 August 2024
[2024] EWCOP 44 (T3)
Court of Protection
Parents sued the ICB for legal costs in a case about their child's end-of-life care. The judge initially ruled in favor of the parents but made a mistake. After correcting the mistake and hearing both sides, the judge decided that neither side should pay the other's legal costs because the child's medical situation changed rapidly.
Key Facts
- •Application for costs against the North Central London Integrated Care Board (ICB) by AA's parents.
- •Costs relate to hearings on 12 and 13 June 2024 in case number 14258984, [2024] EWCOP 39 (T3).
- •Initial costs order awarded to AA's parents was made on an erroneous basis due to a court error.
- •ICB's skeleton argument opposing the costs application was not initially received by the court.
- •The application concerned the ICB's application under the Inherent Jurisdiction and potential orders under the Mental Capacity Act 2005.
- •AA's parents argued the costs were unnecessarily incurred due to the ICB's actions and delays.
- •The ICB argued that clinical developments overtook the proceedings, rendering the costs application moot.
- •The court considered CPR 1998 r.44.2 and T & Anor v L & Ors [2021] EWHC 2147 (Fam) in its decision.
Legal Principles
Rules governing costs in applications under the Inherent Jurisdiction and the Mental Capacity Act 2005.
Senior Courts Act 1981, CPR, Mental Capacity Act 2005, COPR 19.3 and 19.5, CPR 1998 r.44.2, T & Anor v L & Ors [2021] EWHC 2147 (Fam)
Outcomes
No order for costs between the ICB and AA's parents.
The court set aside the initial costs order due to its own error. Considering the submissions of both parties, the court found that clinical events overtook the proceedings, and neither party's litigation conduct was reprehensible. The delay leading to the need for the hearings was pre-existing and not the fault of the ICB. The court also noted the human element of the parents' reaction to the tragic situation.
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