Kirk v Devon County Council & Anor

Judgment

Sir James Munby President of the Family Division :

This matter has twice been before the Court of Appeal. On the first occasion, on 8 November 2016 (Sir James Munby P, Black and McFarlane LJJ), we allowed Mrs Kirk’s appeal against the committal order made by Newton J on 18 August 2016 and gave her permission to appeal against the welfare order previously made by Baker J on 20 June 2016: Devon County Council v Kirk [2016] EWCA Civ 1221 . On the second occasion, on 26 January 2017 (Sir James Munby P), I approved a consent order allowing her appeal against Baker J’s order: Re MM, Kirk v Devon County Council [2017] EWCA Civ 34 . I dealt with the matter on paper and without an oral hearing. I have now to deal with the costs of the appeals.

By an order dated 8 November 2016 we directed that Mrs Kirk’s application for an order for costs against Devon County Council “is reserved and shall be resolved by the court on receipt of written submissions to be filed in accordance with” a specified timetable. By a further order dated 5 December 2016 we directed that Mrs Kirk’s application for “the costs of the committal appeal is adjourned for oral hearing on the occasion of the hearing of the welfare appeal.” In the event there was no oral hearing. In relation to costs, the order I made by consent on 26 January 2017 provided as follows:

“2. The issue of the costs of the appeal as between [Mrs Kirk] and [Devon County Council] against the order of Baker J dated 20 June 2016 shall be determined as to any liability for such costs on the basis of written submissions which should be filed and served as follows …

3. Any liability for costs assessed by the court under paragraph 2 above shall be the subject of either agreement, or in the absence of agreement, detailed assessment as to quantum.

4. The application for costs made by [Mrs Kirk] against [Devon County Council] which relates to the appeal against the committal order made on 18 August 2016 which appeal was determined by the Court of Appeal at the hearing on 8 November 2016 shall be determined on the basis of the written submissions which [they] have already filed and any finding as to liability shall be the subject of agreement, or in the absence of an agreement, a detailed assessment as to quantum.

5. Subject to the applications to be determined under the arrangements set out in this order there shall be no orders as to costs in relation to the appeal against the order dated 20 June 2016