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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll