No costs award after adult-care proceedings end with death

Neither side received costs after an adult-care case ended following RN’s death. In a 14 May ruling, the Supreme Court departed from the usual position that a claimant who discontinues pays the other side’s costs.

The applicant had sought orders about her father’s care and affairs. Interim arrangements were made, partly by consent, but the substantive allegations were never tried. The proceedings became pointless after his death.

The judge considered the reason for discontinuance, the nature of the welfare proceedings and the evidence that serious issues warranted examination. The interim orders were relevant circumstances, not conclusive findings that either party was right.

The court made no order as to costs and granted the interested party leave to appeal. The decision does not establish a general exemption from costs whenever a party withdraws proceedings.

The court’s anonymised labels are preserved. This report concerns costs, not findings of neglect or a final guardianship decision. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.