H (A Minor) v Northamptonshire County Council

Subject Matter

COSTS — Discretion of court — Application against non-party — Local authority accepting liability for breach of child’s human rights arising in and before care proceedings — Legal Aid Agency’s delay in informing parties and court regarding extent to which it would enforce statutory charge against damages recovered in human rights claim — Whether power to make non-party costs order against Lord Chancellor — Whether application of statutory charge relevant in considering quantum and/or consequential costs orders — Whether non-party costs order to be made — Guidance on claims for breach of human rights in care proceedings — Senior Courts Act 1981 (c 54) (as amended by Courts and Legal Services Act 1990 (c 41), s 4(1), Crime and Courts Act 2013 (c 22), ss 17, 61(3), Sch 9, para 29(a), Sch 10, para 61 and Access to Justice Act 1999, s 31), s 51 — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), ss 25, 26 — CPR r 46.2 — Civil Legal Aid (Costs) Regulations 2013 (SI 2013/611), reg 9

[2017] EWHC 282 (Fam); [2018] 1 WLR 5912; [2018] 1 FLR 499, Fam D

Commentary

Blackstones Civil Practice 2023
Publicly Funded Litigants - Costs against the Lord Chancellor 68.61