When can bad behaviour trigger an adverse costs order: an analysis by Adam Langrish. First published in Lexis Nexis, PSL
- Clerk Name: Robert Leonard
- Clerk Telephone: 01202 292102
- Clerk Email: [email protected]
Care and Adoption
Adam Langrish has a busy public law practice and represents parents, local authorities and children (separately or via their Guardian) at every stage of proceedings. He also has experience of acting for interveners in care cases both in respect of wider family members seeking to challenge assessments of them and third parties implicated in non-accidental injury cases. Adam is frequently instructed in cases involving the most serious physical, psychological and/or emotional harm to children.
Adam is well used to representing vulnerable adults, including those who require the assistance of the Official Solicitor and parents fleeing from abuse and/or human trafficking.
Reported care and adoption cases include:
- BCP Council v A and Ors (Inflicted injuries : Failure to protect)  EWFC B4 – Representation of a mother at a fact-finding hearing in relation to a child who had suffered from multiple fractures and bruising.
- Dorset Council v M (Failure to prove non-accidental injury)  EWFC B63 – Fact-finding hearing in case of alleged non-accidental injury of a 12 day old baby presenting with a skull fracture.
- Re N & P (Children) (Care and Placement Orders)  EWFC 4 – Care proceedings in the High Court with jurisdictional issues arising from children born to Slovakian parents
- Re C (A Child)  EWCA Civ 644 – Appeal relating to a refusal to grant leave to a parent to oppose an adoption order and the significance of disclosing the Annex A report.
- Re T (Children)  EWCA Civ 606 – Appeal arising from a delay to judgment in care proceedings involving a family with 10 children, following a 7 day final hearing
- Re B (A Child)  EWFC B81 – Fact-finding hearing in respect of allegations of rape and inappropriate behaviour raised by a number of children in relation to a father.
Private Law Children
Adam represents parents, children (via their 16.4 Guardian) and wider family members in disputes about living and/or contact arrangements relating to children. He has extensive experience of representing parties pursuing or resisting serious allegations at fact-finding hearings.
Adam has particular expertise in cases of entrenched hostility, abduction and proposed removal from the jurisdiction.
Reported private law cases include:
- JD & LD –v- VB & Ors  EWFC 16 – 6 day final re-hearing after an appeal in a case where previous allegations of sexual misconduct had been dismissed.
- PR –v- JS (Re-Opening of fact-finding: allegations of sexual abuse)  EWFC 69 – Representation of the child via her Guardian at a 10 day fact-finding hearing in the High Court in respect of allegations of sexual abuse.
- Re L (Costs of Children Proceedings) 2014 EWCA Civ 1437 – Appeal against a costs order made in absence and decision regarding the administration of trust and investment funds.
Injunctions & Domestic Abuse
Domestic abuse is a common feature of much of Adam’s children-related work and he represents both applicants and respondents in applications for non-molestation and occupation orders (and subsequent enforcement proceedings).
Adam is instructed in the full range of applications arising from the breakdown of relationships between married and unmarried couples including:
- Ancillary relief (s.25 Matrimonial Causes Act 1973)
- Maintenance Pending Suit
- Trusts of Land and Appointment of Trustees Act 1996
- Transfer of tenancy
- Applications for the provision of children under Schedule 1 Children Act 1989
- Inheritance (Provision for Family and Dependents) Act 1975.
Within such applications Adam is routinely instructed from preliminary hearings/FDA through to contested final hearings and, where necessary, subsequent enforcement and variation applications and appeals.
Court of Protection
Adam has experience in a wide range of Court of Protection matters and has a particular interest in Deprivation of Liberty applications and related issues within care cases. Adam is instructed in court of protection cases relating to welfare, contact and medical treatment issues as well as property/financial matters.
Reported Court of Protection cases include:
- Dorset Council v A (Residential Placement: Lack of Resources)  EWFC 62 – Deprivation of Liberty Order made in respect of a girl aged 15 who could not be found a residential placement and had 10 placements over the course of 12 months.
When can bad behaviour trigger an adverse costs order?19th Nov 2014