The Supreme Court Costs Office

No.17 of 2006

Wyatt v Portsmouth NHS Trust [2006] EWCA Civ 529

3 May 2006

Laws, Wall & Lloyd LJJ

In “best interests” proceedings brought unsuccessfully against the NHS Trust by parents in relation to their daughter, the Trust sought an order against the Legal Services Commission (not against the parents) in respect of their costs in the Court of Appeal. Following a thorough review of Section 11 Access to Justice Act 1999 and Gunn [2001] EWCA Civ 891, the Court determined that the costs which the parents should pay was nothing and that subject to the Trust requesting within three months a hearing date to determine the amount of costs payable by the LSC, the assessment of that amount be made by a Costs Judge pursuant to Regulation 10, Community Legal Services Commission (Costs) Regulations 2000.