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16 November 2012
Issue: 7538 / Categories: Case law , Law reports , In Court
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Court of Protection—Practice—Costs

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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

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