A and S (Children) v Lancashire County Council

Anthony Hayden QC and Lorraine Cavanagh (instructed by Farleys Solicitors) for A and (instructed by the Official Solicitor) for S Malcolm Sharpe (instructed by LCC Legal Services) for LCC ____________________

44.3 Court's discretion and circumstances to be taken into account when exercising its discretion as to costs

(4) In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including��

"[39]���� The rules about costs must be applied fairly to all litigants, regardless of who they are. In this case, all the costs of litigation will be borne by the public purse. The Legal Services Commission is an equally hard-pressed public agency and the Commission � and the taxpayers who fund it � are entitled to look to the court to apply the costs rules impartially and ensure that there is a level playing field. Gone are the days when it is appropriate for a court to dismiss applications for costs on the basis that it all comes out of the same pot. �"

(2) Having said that, the same result is reached, whatever the route. LCC should pay the boys' costs. It blatantly disregarded guidance, advice, the fundamental principles of the Children Act 1989 and its Convention obligations.