Weekly law digests

Costs—Appeal

Surrey (A Child and Protected Party, by his Litigation Friend, Surrey) v Barnet and Chase Farm Hospitals NHS Trust; AH (A Protected Party, by her Litigation Friend, XXX) v Lewisham Healthcare NHS Trust; Yesil (A Child and Protected Party, by his Litigation Friend, Yesil) v Doncaster and Bassetlaw Hospitals NHS Foundation Trust [2018] EWCA Civ 451 [2018] All ER (D) 25 (Apr)

The changed funding arrangements, from legal aid to Conditional Funding Arrangements, were not reasonable on the basis that the litigation friends had agreed to the change without having been told that the consequence would be the ‘loss’ of a 10% uplift. The Court of Appeal, Civil Division, accordingly allowed the appeal from the decision of the Queen’s Bench Division.

Costs—Order for costs

NHS Dorset Clinical Commissioning Group v LB (by her litigation friend, the Official Solicitor) and another [2018] EWCOP 7 [2018] All ER (D) 07 (Apr)

The present was not an appropriate case for an order for costs against the applicant for what were intended to be test cases, seeking clarification