R v North and East Devon Health Authority ex parte Pamela Coughlan Secretary of State for Health (Intervenor) Royal College of Nursing (Intervenor)

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
JudgeLORD WOOLF, MR
Judgment Date16 July 1999
Judgment citation (vLex)[1999] EWCA Civ J0716-7
Docket NumberQBCOF 1999/0110/4
Date16 July 1999

[1999] EWCA Civ J0716-7

IN THE SUPREME COURT OF JUDICATURE

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE QUEEN'S BENCH DIVISION (Crown Office List)

(MR JUSTICE HIDDEN)

Royal Courts of Justice

Strand

London WC2

Before:

The Master of the Rolls

(Lord Woolf)

Lord Justice Mummery

Lord Justice Sedley

QBCOF 1999/0110/4

In the Matter of an Application for Judicial Review

Regina
and
North and East Devon Health Authority
Respondent
Ex Parte Pamela Coughlan
Applicant

and

Secretary of State for Health
Intervenor

and

Royal College of Nursing
Intervenor

MR R GORDON QC with MR T WARD and MISS J RICHARDS (Instructed by Messrs T V Edwards, London, E1 4TP) appeared on behalf of the Appellant.

MR N PLEMING QC and MR S KOVATS (Instructed by the Treasury Solicitor, London, SW1H 9JS) appeared on behalf of the Secretary of State.

MR T GOUDIE and MISS S WARD (Instructed by Messrs Bevan Ashford, Bristol, BS1 4TT) appeared on behalf of the Respondent

MR P HAVERS and MR K STERN (Instructed by the Royal College of Nursing Legal Dept, London, W1M OAB) appeared on behalf of the Royal College of Nursing.

1

2

Friday 16 July 1999

LORD WOOLF, MR
3

We have given careful consideration to the arguments as to the order for costs to be made on this appeal. An appeal such as this is an extremely expensive process and, although a party may succeed generally on an appeal, in my judgment it is important that the court looks at what has happened on the various issues which have been raised. If a party has been successful on some issues and unsuccessful on others, it may well be that the appropriate order in all the circumstances is that the party who has generally been successful should not recover all their costs. This is to encourage parties to consider very carefully whether it is right to incur the costs of advancing a particular argument.

4

This case undoubtedly does not fall within the generality of cases. It is not a case where only the parties themselves are affected by the outcome. It has general significance which meant that it was very important that the difficult issues were to be considered in full. For example, we heard argument from the Secretary of State where that argument would normally not be necessary because there was a community of...

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    • The Modern Law Review Nbr. 65-5, September 2002
    • 1 September 2002
    ...its use dependent on the existence ofambiguity’.112 [1993] AC 1 AC 593.113 See RvNorth and East Devon Health Authority ex parte Coughlan [2000] 2 WLR 622. Thissuggestion is put forward very tentatively in this context since national security considerations arise.114 The government accepted ......
  • The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
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    • Federal Law Review Nbr. 39-3, September 2011
    • 1 September 2011
    ...28 Federal Law Review 303; Selway, above n 187, Gummow, above n 181. 192 Cf R v North and East Devon Health Authority; Ex parte Coughlan [2001] QB 213. 193 Lam (2003) 214 CLR 1, 24–5. See also, S20 (2003) 77 ALJR 1165, 1176. 194 Attorney-General (NSW) v Quinn (1995) 184 CLR 16, 35–6 (Brenna......
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    • Singapore
    • Singapore Academy of Law Journal Nbr. 2017, December 2017
    • 1 December 2017
    ...Teng @ Kallang Pte Ltd v Singapore Land Authority[2014] 1 SLR 1047 at [119]. 69R v North & East Devon Health Authority, ex parte Coughlan[2000] 2 WLR 622 (“Coughlan”) at [66]. This used to be the approach prior to Coughlan (see, eg, R v Home Secretary, ex parte Hargreaves[1997] 1 WLR 906). ......
  • Private Bodies, Public Power and Soft Law in the High Court
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    • Federal Law Review Nbr. 35-1, March 2007
    • 1 March 2007
    ...As in A-G (NSW) v Quin (1990) 170 CLR 1. 30 The Court was highly critical of R v North and East Devon Health Authority, Ex parte Coughlan [2001] QB 213; and R v Secretary of State for Education and Employment; Ex parte Begbie [2000] 1 WLR 1115. The English search for overarching principles ......
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