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36 Family’s William Tyler QC leads Hannah Markham on the appeal from Hannah’s case in the Court of Appeal to the Supreme Court on 28th January 2015

28th January 2016

In the matter of S (a Child)

The issue to be determined is whether the approach to ordering costs to be paid by local authorities in care proceedings set out in Re T (Children) [2012] UKSC 36 extends to the costs of appeals from orders made in such proceedings.


The respondent’s appeal against a full care order made in respect of his daughter was allowed by the Court of Appeal. Despite a finding that the appellant local authority had not engaged in reprehensible behaviour or taken an unreasonable stance in the hearing at first instance, which would be required to depart from the normal rule that costs were not awarded in children’s cases, a costs order was made against the appellant in respect of the costs of the appeal.

Access to Justice intervene on the question of when costs orders can be made to assist the Bar pro bono charity.

For full case details on the Supreme Court website, please click here.

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