0000004791 00000 n Subsequent decisions have levelled the playing field somewhat with the junior counsel rule no longer good law. Obtaining pro bono representation is not unheard of. I hope you find something of interest but, if not, thank you for your visit. It is for the court, in its discretion, to decide whether it is fair and just to make the order in the light of the considerations set out above. As a result of the consultation, the, (SI 2013/262) were made on 31 January 2013. Costs capping orders (CCOs) are orders made by a judge to limit the costs you are liable to pay the other side if they win in a judicial review proceeding. Comment The case involved a challenge to a government licence concerning the port and disposal of contaminated dredgings which it was said was prevented by the costs system. There are also a variety of forms that the order itself can take. Val Compton brought two sets of judicial review proceedings, challenging decisions of the trust to close two hospital units. 0000001643 00000 n This provides some costs certainty to claimants who might otherwise be deterred from bringing a judicial review claim. Your email address will not be published. H��TMs�0��W�}�:��P�L�����!5jK���d�ﻒ����ڃ��ew�۷+��'_��M�L����K��)P�ē��r\�߲]2�)4�E�P���B���5�8��� #LQt�7MRզE��L�M ����(��Zˀ)E���pP��)�r�_��ɣg�x�� �-]=ˈ�]��)���Ƿ�E�Q4��J�4H#� D(�����������x8���}qps(N�?nܱ��nm�������ֽv�!��H�����d�#�~�L,ᖥ�?�"�l�zz����Y������� ����rr]������n���TgaD��ւ���m���0����H9Qg�9��Nߺգ� �&��c$=�8����n��}vG�^���֏.v�(q-]F�h޽5�(Ai���[�z���?�4�+~�9�Q�_���Vf�{��m�o�%W%u?�!��}x����_�T_,T�SP��Z˜e��!�-U��揽���\�l5�K����*K�!�Q��|�����iN���0�ai�}�c/��i����1�Hu��V��>��s��y����V/� ^h�H��? Permission was granted for both applications to proceed (by two separate judges).

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protective costs order judicial review

protective costs order judicial review

, under consideration and may involve claimants paying defendant’s initial costs up to acceptance of the claim by the court. Claimants are very much in the hands of a judge deciding if it is ‘fair and just’ to grant them a PCO, with no guarantees that they will be protected. Lord Justice Buxton's view was certainly that its effect would be to extend "very greatly" the type of cases in which protective costs orders could be made. These criteria provide that a PCO may be made at any stage of the proceedings, on such conditions as the court thinks fit, provided that the court is satisfied that: the issues raised are of general public importance; the public interest requires that those issues should be resolved; the claimant has no private interest in the outcome of the case; having regard to the financial resources of the claimant and the defendant(s) and to the amount of costs that are likely to be involved it is fair and just to make the order; and. R (on the application of Derek England) v Tower Hamlets London Borough Council(5) cast doubt on the appropriateness and workability of the criterion that an applicant seeking an order should have no private interest in the proceedings. Read our policy. Corner House High Court - environmental law - judicial review - application for costs of completed judicial review and protective costs order proceedings brought by applicant - judicial review taken against decision of respondent in granting waste license - proceedings conceded at early stage by respondent - application by applicant for costs order against notice party for not also conceding … Watch this space. ILO is a premium online legal update service for major companies and law firms worldwide. 7. Whilst some of our Members of Chambers and staff are working remotely from home, we have a staff and barrister team on site in our London office and all of our other international offices during business hours. Your email address will not be published. These would apply to cases where a cost-capping order is used: Why should the claimant be limited to ‘modest representation’ by a single advocate of junior status? This site uses cookies to operate and improve your experience. It will be interesting to see whether the Court of Appeal's judgment in Compton provides further encouragement to potential applicants. iii) The overriding purpose of exercising this jurisdiction is to enable the applicant to present its case to the court with a reasonably competent advocate without being exposed to such serious financial risks that would deter it from advancing a case of general public importance at all …. CCOs are a way of allowing individuals and groups to challenge decisions without exposing themselves to the risk of having to pay large and unpredictable costs if they lose the case. ii) The purpose of the PCO will be to limit or extinguish the liability of the applicant if it loses, and as a balancing factor the liability of the defendant for the applicant’s costs if the defendant loses will thus be restricted to a reasonably modest amount. Paragraph [76] sets out what are effectively two sub-considerations relating specifically to the costs a claimant with a PCO could expect to recover if it is successful. 0000003972 00000 n A recent Court of Appeal ruling has increased the likelihood of these orders being granted in future. In addition, there is occasional comment and musings on the many other areas of my personal interests. Criteria for the issue of PCOs were laid down in, R (Corner House Research) v Secretary of State for Trade and Industry. In judicial review proceedings the courts have the power to make a protective costs order, the main purpose of which is to assure a claimant or defendant at an early stage in the proceedings that no (or only limited) costs will be ordered against it, whatever the outcome. The content of this blog is all mine and unless indicated otherwise is © David Merson.

0000004791 00000 n Subsequent decisions have levelled the playing field somewhat with the junior counsel rule no longer good law. Obtaining pro bono representation is not unheard of. I hope you find something of interest but, if not, thank you for your visit. It is for the court, in its discretion, to decide whether it is fair and just to make the order in the light of the considerations set out above. As a result of the consultation, the, (SI 2013/262) were made on 31 January 2013. Costs capping orders (CCOs) are orders made by a judge to limit the costs you are liable to pay the other side if they win in a judicial review proceeding. Comment The case involved a challenge to a government licence concerning the port and disposal of contaminated dredgings which it was said was prevented by the costs system. There are also a variety of forms that the order itself can take. Val Compton brought two sets of judicial review proceedings, challenging decisions of the trust to close two hospital units. 0000001643 00000 n This provides some costs certainty to claimants who might otherwise be deterred from bringing a judicial review claim. Your email address will not be published. H��TMs�0��W�}�:��P�L�����!5jK���d�ﻒ����ڃ��ew�۷+��'_��M�L����K��)P�ē��r\�߲]2�)4�E�P���B���5�8��� #LQt�7MRզE��L�M ����(��Zˀ)E���pP��)�r�_��ɣg�x�� �-]=ˈ�]��)���Ƿ�E�Q4��J�4H#� D(�����������x8���}qps(N�?nܱ��nm�������ֽv�!��H�����d�#�~�L,ᖥ�?�"�l�zz����Y������� ����rr]������n���TgaD��ւ���m���0����H9Qg�9��Nߺգ� �&��c$=�8����n��}vG�^���֏.v�(q-]F�h޽5�(Ai���[�z���?�4�+~�9�Q�_���Vf�{��m�o�%W%u?�!��}x����_�T_,T�SP��Z˜e��!�-U��揽���\�l5�K����*K�!�Q��|�����iN���0�ai�}�c/��i����1�Hu��V��>��s��y����V/� ^h�H��? Permission was granted for both applications to proceed (by two separate judges).

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