Cheshire West and Chester Council v P [2011] EWCA Civ 1333

The council sought a costs order against P in relation to the Court of Appeal proceedings. (1) The general rule on appeals from the COP to the Court of Appeal is, in accordance with CPR 44.3(2)(a), that the unsuccessful party will be ordered to pay the costs (subject, where relevant, to costs protection under s11 Access to Justice Act 1999). (2) The general rule in COP welfare cases (that there be no order as to costs) was irrelevant, as was the council's discreditable conduct at first instance. (2) Other factors were taken into account and the court made no order as to costs: 'Among the primary reasons for making no order is that the reason for and the importance of the appeal was not really at all about how P will be dealt with. The point of major importance for the local authority, and indeed local authorities generally, was how often they have to come back to court in this and other like cases.'

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Hearing: 22/9/11

Judgment: 18/11/11

Before: Pill, Lloyd, Munby LJJ

Ms Jenni Richards QC and Mr Neil Allen (instructed by Legal Services Department, Cheshire West and Chester Council) for the Appellant

Mr Richard Gordon QC and Mr Simon Burrows (instructed by O'Donnells on behalf of the Official Solicitor) for the Respondent

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