21st Aug 2020


Summary: An appeal was allowed against a costs order made against a litigation friend who had acted for an unsuccessful child party. The judge had been mistaken in thinking that the court should apply the general approach that, as regards costs, the litigation friend was expected to be liable for such costs as the relevant party (if they had been an adult) would normally be required to pay, and so had erred in principle. Where a litigation friend had not given an undertaking to pay the costs at issue, the power to make a costs order against them derived exclusively from the Senior Courts Act 1981 s.51, and the ultimate question was whether in all the circumstances it was just to make such an order.

Mr Stephen Hackett (instructed by Candey Ltd) for the Appellant

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