Costs Judicial Review in UK Law
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R (M) v Croydon London Borough Council
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Thus, in Administrative Court cases, just as in other civil litigation, particularly where a claim has been settled, there is, in my view, a sharp difference between (i) a case where a claimant has been wholly successful whether following a contested hearing or pursuant to a settlement, and (ii) a case where he has only succeeded in part following a contested hearing, or pursuant to a settlement, and (iii) a case where there has been some compromise which does not actually reflect the claimant's claims.
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Semere Tesfay and Others v Secretary of State for the Home Department
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That may not lead to ultimate victory for the applicant because the new decision may be a lawful decision against the interests of the applicant. Nevertheless, to achieve an order for reconsideration will often be a substantial achievement. Success in public law proceedings must be assessed not only by reference to what was sought and the basis on which it was sought and on which it was opposed, but also by reference to what was achievable.
In public law litigation securing reconsideration of a decision which is challenged is usually considered a success for costs purposes. The fact that following reconsideration a decision may be taken which is against the interests of the applicant is not a reason for refusing costs on the judicial review. As Mr. Knafler put it, in a striking figure of speech, the applicant faced with a new decision against him may thereafter "stick or twist".
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Holden & Company v Crown Prosecution Service (No. 2)
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I share with the Court of Appeal the view, which is no doubt held by every judge brought up in the English system, that it is just for a successful litigant, and perhaps a fortiori a successful appellant, to be able to recover his costs from someone.
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R (Corner House Research) v Secretary of State for Trade and Industry
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The present appeal is concerned not with the incidence of costs in private law civil or family litigation or with statutory (or other) appeals, but with the incidence of costs in a judicial review application at first instance.
We would therefore restate the governing principles in these terms:
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R (Perinpanathan) v City of Westminster Magistrates' Court
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The principles appear to me to be well founded, as one would expect bearing in mind their source. In a case where regulatory or disciplinary bodies, or the police, carrying out regulatory functions, have acted reasonably in opposing the grant of relief, or in pursuing a claim, it seems appropriate that there should not be a presumption that they should pay the other party's costs.
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Criminal Justice and Courts Act 2015
...... and tribunals; to make provision about judicial review; and for connected purposes.[12th February ... surcharge) ;(f) making an order as to costs to be paid by the accused to the prosecutor under ......
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Investigatory Powers Act 2016
...... Powers Commissioner and other Judicial Commissioners and make provision about them and ... this Chapter, a Judicial Commissioner must review the person's conclusions as to the following ... or levels of contribution in respect of costs incurred as a result of the notice) . . (9) The ......
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The Civil Proceedings Fees Order 2008
...... Solicitors Act 1974 for the assessment of costs payable to a solicitor by a client or on starting ...£59F221.9(a) For permission to apply for judicial review. £154 1.9(b) On applying for a request ......
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Environment Act 2021
...... environmental, social, economic or other costs of meeting it would be disproportionate to the ...2(a) . 7: Environmental targets: review . (1) The Secretary of State must review targets ... has applied for an environmental review, judicial review or statutory review (see sections 38 and ......
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Judicial review of Financial Services Compensation Scheme's exercise of power to impose compensation costs levy
Purpose: The purpose of this paper is to discuss the judicial review of Financial Services Compensation Scheme's (FSCS) exercise of power to impose compensation costs levy (R v. Financial Services ...
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The 'Exceptionality' of Legal Aid: Affordable Access to Justice in Judicial Review
This article discusses the role of costs as a limitation on access to judicial review in the UK. Part I assesses the series of financial hurdles to access currently faced by would-be judicial revie......... Amy Elizabeth Hemsworth * . ABSTRACT . This article discusses the role of costs as a limitation on access to judicial review in the UK. Part I assesses the series of financial hurdles to access currently faced by would-be ......
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All Out of Proportion: The Ongoing Disagreement about Structured Proportionality in Australia
In 2015, a majority of the High Court of Australia incorporated structured proportionality testing into Australian constitutional law for the first time, but the test’s suitability for Australian l.........The particular method of judicial reasoning in cases concerning the freedom might ... and divergence on the Court has tangible costs. The project of making reasoning more transparent ... the context of the freedom, where judicial review has * SJD Candidate, Harvard Law School. ......
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Where There's a Will There's a Way: Marley v Rawlings and Another
In Marley v Rawlings and another, a unanimous Supreme Court has widened the scope of judicial power to rectify a will under section 20 of the Administration of Justice Act 1982. An intended will th......... Supreme Court has widened the scope of judicial power to rectify a will under section 20 of the ... Moreover, the recent award of a third party costs" order in this case is also likely to have a signi\xEF"...The Modern Law Review © 2015 The Modern Law Review Limited. (2015) ......
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Lord Justice Jackson suggests extending Aarhus Rules to all JR claims… again
On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical ......... a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, ... from the Aarhus Convention) to all judicial review claims. However, this is not the first ......
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The Cash Behind The Claim: Consultation By Ministry Of Justice On Identifying How Judicial Review Claims Are Being Funded
......One method is to create greater transparency in how judicial review claims are being funded. The costs of responding to judicial review claims are rising and the Government are trying to limit the potential for third party funders of judicial review ......
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British Citizenship Application Refused - What Now?
......The. only judicial remedy is that of judicial review. Nonetheless, ...costs. . Judicial review proceedings can be legally ......
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British Citizenship Application Refused - What Now?
......The. only judicial remedy is that of judicial review. Nonetheless, ...costs. . Judicial review proceedings can be legally ......
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Judicial review acknowledgment of service (Planning Court)
Planning Court forms including the statutory review claim form.......Yes. No. Yes. No. If Yes, please set out your grounds for denial in the box below. Do you wish to vary the costs limits under CPR 45.43(2)?. If Yes, state the reason why you want to vary the limits on costs recoverable from a party. 3 of 4. SECTION F. *(I ......
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Judicial review claim form (Planning Court)
Planning Court forms including the statutory review claim form.......I contend that this claim is an Aarhus Convention claim. If Yes, indicate in the following box if you do not wish the costs limits. under CPR 45.43 to apply. If you have indicated that the claim is an Aarhus claim set out the grounds below, including (if relevant). reasons ......
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Apply for a judicial review of a decision
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.......© Crown copyright 2017. It focuses on interactions between public and. public authorities. Please indicate whether you are. seeking the costs protection in CPR 45. Section 1. Details of the claimants and defendants. Give full name(s) and address(es) to which all. documents relating to the ......
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Judicial review acknowledgment of service
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.......Yes. No. Yes. No. If Yes, please set out your grounds for denial in the box below. Do you wish to vary the costs limits under CPR 45.43(2)?. If Yes, state the reason why you want to vary the limits on costs recoverable from a party. 3 of 4. SECTION F. *(I ......