Mr Justice Cobb Awards Costs Against Non-Party Local Authority


Mr Justice Cobb Awards Costs Against Non-Party Local Authority

The father sought his wasted costs from the local authority under the ambit of Section 51(1) of the Senior Courts Act 1981. Mr Justice Cobb considered submissions from the father and the local authority before making an order for costs against the local authority. Remarking that “the point of principle engaged is important”, His Lordship considered the limited authorities on non-party costs orders, in particular Symphony Group Plc v Hodgson [1993] 4 All ER 143, CA and  more recently Globe Equities Ltd v Globe Legal Services Ltd [1999] BLR 232. Whilst recognising the burden placed on both the human and financial resources of local authorities, Mr Justice Cobb found that the failings in this case had been “extensive” and had had a “profound effect on the conduct of the proceedings”. Furthermore His Lordship considered that a local authority in a private law case in which a section 37 report had been ordered would be sufficiently “closely  connected” to justify the order.  Click here to the text to the full judgment>>>

“Decision taking about care proceedings in local authorities follows a reasonably common approach following national guidelines. However, it is not simply a matter of deciding whether or not to start proceeding, but of determining when the moment has arrived that proceedings should be considered and what the alternatives might be. In local authorities visited, the decision taking process normally follows a number of stages, involving progressively more senior management, as well as legal advisers, to ensure that all other options have been explored before taking the major decision to take children away from their parents and into care”. (1.13 )

via Review of Court Fees in Child Care Proceedings.

Corrupt Social Worker Finally Sentenced To Prison.

 

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About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
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8 Responses to Mr Justice Cobb Awards Costs Against Non-Party Local Authority

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