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(Court of Protection, Peter Jackson J, 16 November 2011)
Nine adults who suffered from a range of learning difficulties brought proceedings for best interests decisions after their care home was scheduled for closure. Following contested proceedings all of the residents applied for the local authority to pay half of their substantial costs.
The case-law on the subject of costs added nothing above the Court of Protection Rules 2007. It was unnecessary for a case to be exceptional, each case must be determined on its own facts. Taking into account the particular features of the litigation it was appropriate in these cases to make costs orders in their favour.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...