Case Law

Here we select and summarise key cases pertaining to Legal Costs which may prove to be a useful aid to negotiation. Please feel free to contact us to discuss any of the cases mentioned below in more detail and to see what impact they may have on you.

  • 26/01/2017

    MM, Re [2016] EWHC 2226(Fam) (10 August 2016)

    This was an application by a Local Authority for committal for contempt of court following breach of a Court of Protection order. MM is an 80 year old man with vascular dementia who had lived in the South West for 50 years or more. He did not have the capacity […]

  • 26/01/2017

    W(Minors), Re [2016] EWHC 2226(Fam) (10 August 2016)

    This case related to Private Law Proceedings in relation to Children and Domestic Abuse.  Proceedings were commenced by the Father in the High Court in relation to his Child and Step-Child.  He sought a Prohibited Steps Order to prevent the children’s removal from the jurisdiction, a Location Order in relation […]

  • 26/01/2017

    K v K [2016] EWHC 2002 (fam) (29 July 2016)

    This Judgment was given by Mr Justice MacDonald in relation to the determination of an Appeal by the father against the Order of District Judge Robinson dated 16/03/16 and also in relation to the question of costs. The background to the proceedings was that the mother had applied to the […]

  • 26/01/2017

    Wright v Barts Health NHS Trust [2016] EWHC 1834 (QB) (26 July 2016)

    The Claimant sustained severe injuries in an accident at work when he fell through a skylight in November 2011. He suffered multiple injuries and fractures. He attended the Defendant hospital after which his condition deteriorated to such an extent that he suffered a complete spinal cord injury at T7 and […]

  • 26/01/2017

    Jamadar v Bradford Teaching Hospitals NHS Foundation Trust [2016] EWCA Civ (21 July 2016)

    In this £3m clinical negligence claim the Defendant initially denied liability in their Defence and Form N149C was sent out by the Court with proposed allocation to the multi-track. However, the Defendant subsequently admitted liability and Form N149C was revoked with Judgment entered for an amount to be determined. The […]

  • 08/09/2016

    RP, Re [2016] EWCOP 1 (05 January 2016)

    This case concerns an application by family members of the Protected Party (P) to be appointed Deputy for P’s property and affairs in place the existing professional deputy The Facts P was born on 21st March 1932 and had 5 children, 4 from his first marriage (‘S, C, M and […]

  • 08/09/2016

    LM, Re [2015] EWCOP 91 (08 December 2015)

    This was an application to execute a statutory will on behalf of LM, whose assets were significant following the receipt of an award from the Criminal Injuries Compensation Authority. The main question here was the percentage of her estate that should go to charity. Background LM was adopted after she […]

  • 08/09/2016

    Clarke, Re [2016] EWCOP 11 (22 February 2016)

    This case was an on-going dispute between family members concerning Mrs AC (‘P’) and the current application was made by one of P’s sons, MC to vary the order of 9th October 2012 to allow the sale of P’s property. The Facts P, 75 years, has been kept residing in […]

  • 06/07/2016

    Cambridgeshire County Council v P [2016] EWFC B39 (11 May 2016)

    This case looked at a care order and placement order applied for by the Cambridgeshire County Council for a little girl, named T. The mother, P, had a history of having involvement with men who were violent and who abused alcohol and drugs. She was also seen as not being […]

  • 22/06/2016

    V v Associated Newspapers Ltd & Ors [2016] EWCOP 29 (14 June 2016)

    This case concerned an application for a reporting restrictions order. The Applicant made an application that part of her costs be paid by the Respondent on an indemnity basis, because of their conduct. Mr Justice Charles refused the application stating that, in his view, departure from Rule 157 of the […]

  • 22/06/2016

    Cambridge University Hospitals NHS Foundation Trust v BF [2016] EWCOP 26 (18 May 2016)

    This case looked at a 36 year old woman, known as BF, who suffered from paranoid schizophrenia and was currently detained in a mental health unit. She was advised to have a total abdominal hysterectomy due to the fear that she may have ovarian cancer. This surgery, however, meant that […]

  • 22/06/2016

    RM, Re [2016] EWCOP 25 (12 May 2016)

    In 2014, R executed a Lasting power of attorney (LPA) for property and financial affairs in which he appointed to his wife (who later died in 2015), son and daughter and an LPA for health and welfare in which he appointed his daughter, S, as sole attorney. The office of […]

  • 22/06/2016

    London Borough of Brent v C [2016] EWHC 1335 (Fam) (28 April 2016)

    In this case the child, known as C, was raised by a foster mother instead of his natural mother as she wanted no involvement within the child’s life. The natural mother signed papers to have C adopted however this process was halted when it was discovered that C was suffering […]

  • 19/05/2016

    YW, Re [2016] EWCOP 18 (24 March 2016)

    This case concerned an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs. The proceedings related to Yvonne, who was born on 12 December 1935. She owned a care home, which her husband set up in 1984. He died in 1995. She […]

  • 19/05/2016

    Re W (Medical Treatment : Anorexia) [2016] EWCOP 13 (26 February 2016)

    In this case, Miss W, a young woman aged 28, had suffered from anorexia nervosa for 20 years. Since the age of 11, she had had six admissions for inpatient treatment, amounting to about 10 years in total. Her current admission had lasted for 2½ years and yet, despite the […]

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