Re AH (Costs); AH v Hertfordshire Partnership NHS Foundation Trust  EWHC 3524 (COP)
The relevant respondents were ordered to pay the costs of the nine applicants in this welfare case: (1) half the costs between issue of proceedings and settlement or final hearing, and (2) full costs of the costs application. The judge concluded: 'The conclusion I have reached in this case represents a partial departure from the general rule that there should be no order for costs. It is a case where there has been no bad faith or flagrant misconduct, but there has been substandard practice and a failure by the public bodies to recognise the weakness of their own cases and the strength of the cases against them. In such circumstances they cannot invoke Rule 157 at the expense of others.'
Judgment: 16/11/11 (no hearing)
Before: Peter Jackson J
(1) VA, SB, DH, RM, EN and DR (by their litigation friend the Official Solicitor); (2) AH, SP and DS (by their litigation friends RH, RP and AS) v (1) Hertfordshire Partnership NHS Foundation Trust (2) Hertfordshire Primary Care Trust (3) Hertfordshire County Council (4) Ealing Primary Care Trust (5) Barnet Primary Care Trust/London Borough Of Barnet!