Whilst the normal rule in welfare cases in the Court of Protection is that there should be no order as to costs, this does not apply to appeals from the Court of Protection which are governed by CPR Part 44: Cheshire West v P  EWCA Civ 1333.
The Court of Appeal determined the following costs issues following a successful second appeal:
(1) Do the rules governing fixed costs in CPR r.45.17 to 19 apply to the costs of the appeal?
(2) If not, does CPR r.52.19 apply?
(3) If CPR r.52.19 does apply, what order for costs should we make?
(4) Does the Qualified One-Way Costs Shifting regime in CPR Part 44 apply to the costs of the appeal so as to limit the extent to which any order may be enforced against the respondent?
Dismissing this appeal against a decision of Master Leonard in the SCCO Mr Justice Stewart held that pursuant to CPR 47.24, the scope of an appeal against decisions made in the course of a provisional assessment is limited to a re-hearing only of any specific decisions which had been challenged at an oral hearing. In other words, if it hasn’t first been challenged at an oral hearing pursuant to CPR 47.15(7), it cannot be appealed.
CPR 44.13 should be interpreted in a way that “more justly achieves what is plainly the purpose of the regime as divined from the Rules”, says Edis J.