Description
A mother applied for permission to appeal against her child being taken into care. The application was adjourned to be heard with the full appeal. The mother's solicitors obtained an expert report on brittle bones, but had not obtained the court's permission to disclose the case file or the intention to rely on a further expert report. The solicitors also failed to notify the guardian of the appeal until two days before. The Court of Appeal refused permission to appeal. The local authority and a guardian applied for wasted costs orders against the solicitors of the mother following the Court of Appeal's refusal to grant permission to appeal. Although the conduct of the solicitors had been open to criticism it could not be shown that this had increased the local authority's costs. However it had increased the guardian's costs by requiring the instruction of Counsel at short notice which could otherwise have been avoided.
