Normal rule as to costs applied in proceedings concerning access to mental health services as appeal was misconceived

Court of Appeal, in circumstances where the appellants were unsuccessful in obtaining any of the reliefs which they had sought in their proceedings before the High Court concerning access to mental health services, grants an order for the costs of the appeal in favour of the respondents, on the grounds, inter alia, that the case which the appellants sought to make before this Court was quite different to the case they had made before the High Court; that the appeal was misconceived; and that the appellants had an appropriate forum open to them to litigate the extent of the appropriate mental health treatment and services which the respondent was under a duty to provide.