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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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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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