Court of Appeal Win
CANDEY acted for the successful party who won their appeal in the Court of Appeal against the High Court decision of Mr Justice Morgan.
The High Court had held that Ms. Glover, the litigation friend of two child Defendants who were unsuccessful in challenging the terms of an underlying trust dispute, was liable to pay the Claimants’ costs. The Court of Appeal overturned this decision: Lord Justices Patten, Moyland and Newey unanimously concluded that there was no sufficient justification for costs orders against Ms. Glover.
Lord Justice Newey found that Mr. Justice Morgan had “erred in principle” in the High Court when he applied a general approach to Ms. Glover’s liability as to costs. Lord Justice Newey instead found that there is no presumption that a defendant’s litigation friend should bear costs which the defendant would have been ordered to pay if not a child or protected party.
This decision creates important precedent addressing the costs consequences for the litigation friends of children and protected parties who are defendants to proceedings.
Andrew Dunn was the lead partner assisted by Sonia Bamford
