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Family Law

The leading authority on all aspects of family law

24 MAY 2012

COSTS: Cheshire West and Chester Council v P (Costs) [2011] EWCA Civ 1333, [2012] COPLR 76

(Court of Appeal, Munby, Pill, Lloyd LJJ, 18 November 2011)


The local authority made a costs application following the successful appeal regarding the man's deprivation of liberty. Application refused. Civil Procedure Rule 44.3 was the relevant rule since the Court of Protection Rules 2007 did not apply in the Court of Appeal. Applying r 44.3 it was not appropriate to make an order for costs against the man as the issue was one of wider significance for local authorities.

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