Re G (An Adult) (by her litigation friend, the Official Solicitor) (Costs)

Mental health – Court of Protection. The Official Solicitor, as G's litigation friend, appealed against a costs order made by the President of the Court of Protection. By that order, the first respondent (ANL) was to pay 30% of G's costs and 30% of the local authority's costs of and incidental to an application made by ANL to be joined as a party to the proceedings. The Court of Appeal, Civil Division, dismissed the appeal. It held, inter alia, that it could not be said that ANL's application or the decision to refuse it had been steps taken outside of the Court of Protection Rules 2007, SI 2007/1744. Accordingly, the President had been required to consider costs in accordance with the Rules. In having done so, he had not exceeded the broad ambit of his discretion such that he had been wrong.

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