Cwm Taf Morgannwg University Health Board v RW & Anor [2026] EWCOP 10 (T3)

Application by RW's attorney that the Board's management of RW when he was admitted to hospital was unlawful and for her costs in relation to the proceedings.

RW, who was 72 and had underlying health issues, was admitted to hospital on 24th December 2025. His attorney Ms Evans (a solicitor) was informed on 2nd January but after RW had some episodes of hypoglycaemia and a course of intravenous antibiotics, the focus shifted to comfort care, with end-of-life medications prescribed for use if required. However, the Board only discussed his treatment with Ms Evans on 15th January after she issued urgent proceedings the day before. 

The Board accepted that it acted unlawfully but Theis J, the Vice President, felt she did not need to make a declaration under s15 of the MCA to that effect as RW had since died. However they resisted a costs order. On the latter issue Theis J decides at [64-65] that

"Whilst I consider the Health Board's conduct was unreasonable I do not consider in the light of their early acceptance of responsibility it reached the degree to justify an order for indemnity costs.

I am satisfied that in the particular circumstances of this case the court can and should depart from the general rule and the Health Board should pay Ms Evans costs of this application to be agreed, or in the absence of agreement are subject to a detailed assessment."

Read the judgment on Bailii