The Supreme Court overturned a decision of the Court of Appeal which had ordered a Local Authority to pay the costs of an intervener exonerated in a fact finding hearing in care proceedings. The Supreme Court held that where a Local Authority had not acted unreasonably it should not be ordered to pay costs. Argument before the court largely centred on policy considerations.
The Court of Appeal allowed the appeal of a Portuguese father against orders made in this jurisdiction. The CA held that pursuant to Brussels II the Portuguese court held jurisdiction. The judgment considers BIIR in detail.