Page values for "BP v London Borough of Harrow (2019) EWCOP 20"

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_creationDate2019-06-15 10:57:39 PM
_modificationDate2019-06-15 10:57:39 PM
_creatorJonathan
_categories2019_cases COP_costs_cases Cases Judgment_available_on_Bailii
_isRedirectNo

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Which_tableCases
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RSS_pubdate2019-06-15

"Cases" values

SentenceCosts in s21A case
Summary"The relevant circumstances of the adjournment of the January hearing are that the Respondent, the London Borough of Harrow, offered at the hearing a trial of BP returning home. ... For the Applicant, it is submitted that this is a case where it is appropriate to depart from the usual costs rule and to order the costs of the January hearing be paid by the Respondent because of the Respondent's consistent failure to offer a trial period at home before the start of and for the duration of the proceedings, and its decision to do so only after the January hearing had commenced. ... Overall, I can see the basis on which the Applicant considers an application for costs to be justified. However, this was a finely balanced case on the Applicant's own submissions in position statements, in particular that of 15 June 2018. I bear in mind the authorities on which the parties rely, in particular the Applicant's reliance on the comments of Hooper LJ in the Court of Appeal. I note the circumstances of Manchester City Council v. G, E and F [2010] EWHC 3385 were quite different. On balance and considering the circumstances as a whole, I am not persuaded that it is appropriate to depart from the general rule on this occasion. I decide this based on the chronological position of the parties set out above and all the circumstances. The Respondent's conduct falls short, to what degree is immaterial, of the necessary test. This case does not represent a blatant disregard of the processes of the Act and the Respondent's obligation to respect BP's rights under ECHR as in the Manchester case (paraphrased slightly)."
Detail
SubjectCOP costs cases
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Judicial_history_first_page
Date2019-06-14
JudgesSarah Ellington
Parties
CourtCourt of Protection
NCN[2019] EWCOP 20
MHLR
ICLR
Essex
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Judgment