Jersey Unreported Judgments

Care order - costs application.

[2012]JCA084

Court of Appeal

24 April 2012

	Before     :		Sir Hugh Bennett, sitting as a Single Judge.
Between		Minister for Health and Social Services		Applicant
And		A		First Respondent
		D		Second Respondent
		W and J, acting by their Guardian Anthony Williams		Third Respondent

IN THE MATTER OF W AND J

AND IN THE MATTER OF THE CHILDREN (JERSEY) LAW 2002

APPLICATION FOR COSTS

Advocate D. Robinson for the Applicant.

Advocate D. Gilbert for the First Respondent.

Advocate S. E. Fitz for the Second Respondent.

Advocate H. J. Heath for the Third Respondents.

JUDGMENT

Bennett JA:

1.        On 7 March 2012 I refused leave to the Minister to appeal the decision of the Royal Court of 20 February, leave having been refused by the Royal Court on 28 February. The First and Second Respondents, but not, as I understand it, the Guardian, make an application that the Minister should pay their costs of the application to me for leave to appeal.

2.        I am grateful to Advocates Gilbert and Fitz on behalf of the First and Second Respondents, and Advocate Darry Robinson, on behalf of the Minister, for their helpful submissions on this issue of costs, which I have read with care. I have also reminded myself of the terms of my judgment refusing leave to appeal.

3.        The Respondents acknowledge that an award of costs against the Minister would be unusual in public law proceedings involving children, but contend that this is a matter in which the Minister's actions in seeking leave to appeal fell outside the ambit of reasonableness and accordingly it would be fair to make a costs order against the Minister.  They refer to the decision Sir Philip Bailhache, Commissioner, in In the Matter of KK [2011] JRC 083.

4.        The Minister's core argument is at para 28 of Advocate Robinson's submissions. The history of the case was complicated and the Minister had the welfare of the children well in mind. The Minister's conduct in seeking leave to appeal was not unlawful or beyond the ambit of reasonableness. Accordingly, an award of costs would not be appropriate.

5.        I have considered the matter. I agree with the Minister's submissions. An award of costs against the Minister in public law proceedings involving children is unusual. There was nothing unlawful in the Minister here seeking leave to appeal and his actions in this case in seeking leave were not beyond the ambit of reasonableness.

6.        Accordingly I dismiss the application.

Authorities

In the Matter of KK [2011] JRC 083.