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03 August 2012 / Jonathan Herring
Issue: 7525 / Categories: Features , Family
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Different strokes?

Can costs be ordered against a local authority, asks Jonathan Herring

The Supreme Court is not normally asked to consider costs orders in any detail, but in Re T (Children) [2012] UKSC 36 it did so because the question was an important one of principle. The central issue was whether a local authority could be required to pay the costs of a party to care proceedings.
Care proceedings had been brought by a council, following allegations from two children that they had been sexually abused by their father and six other men. It was alleged that the children’s grandparents had colluded with the abuse. The grandparents were joined as interveners as well as five of the men. A fact-finding hearing took place in 2009, lasting five and a half weeks. The hearing exonerated the grandparents and the five men.

The costs issue arose because the grandparents (a retired fisherman and part-time bookkeeper), who had a modest income of £25,000, were not entitled to legal aid. They borrowed £55,000 to fund their legal advice and representation. It

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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