JB (Costs) [2020] EWCOP 49

This case involved an application for costs against the local authority who had withdrawn an application for an injunction.

The Protected Party (P) had a learning disability and ADHD. The specialist residential unit where he had been living since August 2017 required him to leave and the local authority issued an application for an injunction to prevent this from happening. Following service of the other parties’ skeleton arguments in response to the application, the local authority sought permission to withdraw its application. Mr Justice Keehan gave the local authority permission to withdraw the application and ordered them to pay the costs incurred by the residential unit. Subsequently, P’s mother and the Official Solicitor made an application for their costs occasioned by the injunction application to be paid by the local authority. The court made the order sought on the grounds that the application for an injunction was seriously flawed and totally without merit. The local authority’s conduct in making and pursuing the application amounted to unreasonable conduct which justified a departure from the usual rule of no order for costs.

The full judgement can be read here

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