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10 August 2012 / David Burrows
Issue: 7526 / Categories: Features , Family , Costs
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Who foots the bill?

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David Burrows counts the costs in care proceedings

It is rare for a costs appeal to be heard in the Supreme Court, a point made at the outset by the court in Re T (Children) [2012] UKSC 36. In that case, in its unanimous judgment the Supreme Court identified the point at issue before it as follows: “The issue of principle raised by this appeal is whether in care proceedings a local authority should be liable to pay an intervener’s reasonable costs in relation to allegations of fact, reasonably made by the authority against the intervener, which have been held by the court to be unfounded.”

Background

The background to Re T was that care proceedings had been taken in respect of two children whose parents had been separated. The children had made allegations which included their paternal grandparents, who were then made interveners in the care proceedings. They were not among the category of parties automatically entitled to legal

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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