Wyatt v Portsmouth Nhs Trust
| Jurisdiction | England & Wales |
| Judgment Date | 03 May 2006 |
| Date | 03 May 2006 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Laws, Lord Justice Wall and Lord Justice Lloyd
On an application by a successful party for an order for costs against a publicly funded party, the court was entitled to consider whether, but for costs protection, it would have made an order against the unsuccessful party. Such an order enabled the successful party to apply for an order for costs against the Legal Services Commission.
The Court of Appeal so held, making orders, inter alia, for costs against Darren and Deborah Wyatt, the parents of Charlotte Wyatt in relation to their application and unsuccessful appeal ((2005) 1 WLR 3995) against Mr Justice Hedley's judgment on April 21, 2005, concerning the care of Charlotte by Portsmouth Hospitals NHS Trust and assessing at nil the parents' contribution under section 11(1) of the Accass to Justice Act 1999.
Mr Jeremy Hyam for Mr and Mrs Wyatt; Mr David Lock for the trust.
LORD JUSTICE WALL, giving the judgment of the court, said that the trust's application under section 11(1) of the 1999 Act was not designed to impose any financial liability on Mr and Mrs Wyatt personally.
The trust argued that a costs order against Mr and Mrs Wyatt was a necessary prerequisite for an application to a costs judge that the Legal Services Commission, which funded them in the litigation, should pay the trust's costs of the permission application and unsuccessful appeal.
Rule 44.3 of the Civil Procedure Rules gave the court a discretion and guidance as to how to exercise its discretion as to costs. It required the court to have regard to all the circumstances, including the conduct of the parties and whether a party had succeeded on part of his case, even if he had not been wholly successful.
Rule 44.3 applied to the court's consideration under regulation 9(1) of the Community Legal Service (Costs) Regulations (SI 2000 No 441) as to whether, but for costs protection, the court...
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