header-logo header-logo

Court of Protection—Practice—Costs

16 November 2012
Issue: 7538 / Categories: Case law , Law reports , In Court
printer mail-detail

NHS Trust v D (by his litigation friend, the Official Solicitor) [2012] EWHC 886 (COP), [2012] All ER (D) 171 (Apr)

Court of Protection, Peter Jackson J, 17 April 2012

The Court of Protection Rules 2007 have not affected the long-standing practice of the court exercising its discretion to make orders requiring NHS trusts to pay half the costs of the Official Solicitor in proceedings regarding the withdrawal of medical treatment.

Victoria Butler-Cole for the trust. Christopher Johnston QC for D.

D was a patient who had been in a permanent vegetative state since July 2011. The NHS trust who was treating him applied for declarations authorising the removal of medical treatment from him. The application was supported by all concerned with D’s welfare, and was allowed by the court (see [2012] EWHC 885 (COP)). The official solicitor, who had acted as D’s litigation friend at the court’s request, applied for an order that the trust should pay half of his costs. The application was opposed by the trust, who argued that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll