Protective costs order granted to guardian ad litem in judicial review over child welfare directions

The High Court granted an application by a court-appointed guardian ad litem for a protective costs order in judicial review proceedings brought by a statutory child and family agency. The order shields the guardian ad litem from the risk of having to pay the agency's legal costs, irrespective of the outcome of the substantive proceedings. The court ruled that this protection was justified because the proceedings raised a point of law of general public importance regarding the scope of the District Court's powers over child welfare directions, and because the guardian ad litem, acting not for personal benefit but to ensure the child's interests were represented, would otherwise be deterred from participating due to the potential adverse costs. The agency had sought to attach conditions to costs protection that would have curtailed the guardian's statutory rights, which the court rejected. The court emphasised the essential adversarial role of the guardian ad litem in the proceedings and awarded her the costs of the successful application for the protective costs order.