Costs Judicial Review in UK Law

Leading Cases
  • R (M) v Croydon London Borough Council
    • Court of Appeal (Civil Division)
    • 08 May 2012

    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.

  • Semere Tesfay and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 04 May 2016

    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".

  • Holden & Company v Crown Prosecution Service (No. 2)
    • House of Lords
    • 26 May 1993

    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.

  • R (Corner House Research) v Secretary of State for Trade and Industry
    • Court of Appeal (Civil Division)
    • 01 March 2005

    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:

  • R (Perinpanathan) v City of Westminster Magistrates' Court
    • Court of Appeal (Civil Division)
    • 04 February 2010

    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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Legislation
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 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 ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 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 ......
  • The Civil Proceedings Fees Order 2008
    • UK Non-devolved
    • January 01, 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 ......
  • Environment Act 2021
    • UK Non-devolved
    • January 01, 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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Books & Journal Articles
  • Judicial review of Financial Services Compensation Scheme's exercise of power to impose compensation costs levy
    • No. 19-2, May 2011
    • Journal of Financial Regulation and Compliance
    • 195-204
    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 ...
  • The 'Exceptionality' of Legal Aid: Affordable Access to Justice in Judicial Review
    • No. 6-3, March 2021
    • LSE Law Review
    • Amy Elizabeth Hemsworth
    • University of Oxford, GB
    • 255-277
    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 ......
  • All Out of Proportion: The Ongoing Disagreement about Structured Proportionality in Australia
    • No. 47-4, December 2019
    • Federal Law Review
    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. ......
  • Where There's a Will There's a Way: Marley v Rawlings and Another
    • No. 78-1, January 2015
    • The Modern Law Review
    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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Law Firm Commentaries
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Forms
  • Judicial review acknowledgment of service (Planning Court)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
  • Judicial review claim form (Planning Court)
    • HM Courts & Tribunals Service court and tribunal forms
    • HM Courts & Tribunals Service
    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 ......
  • Apply for a judicial review of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
  • Judicial review acknowledgment of service
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
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