R v North and East Devon Health Authority ex parte Pamela Coughlan Secretary of State for Health (Intervenor) Royal College of Nursing (Intervenor)
| Jurisdiction | England & Wales |
| Judge | LORD WOOLF, MR |
| Judgment Date | 16 July 1999 |
| Judgment citation (vLex) | [1999] EWCA Civ J0716-7 |
| Docket Number | QBCOF 1999/0110/4 |
| Date | 16 July 1999 |
| Court | Court of Appeal (Civil Division) |
In the Matter of an Application for Judicial Review
and
and
[1999] EWCA Civ J0716-7
The Master of the Rolls
(Lord Woolf)
Lord Justice Mummery
Lord Justice Sedley
QBCOF 1999/0110/4
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
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.
Friday 16 July 1999
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.
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 interest between the...
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Secretary of State for Work and Pensions v Eveleigh and Others (Formerly Binder and Others)
...are R v Brent London Borough Council ex p Gunning (1985) 84 LGR 168 (‘ Gunning’), R v North East Devon Health Authority ex p Coughlan [2001] QB 213 (‘ Coughlan’) and R (Moseley) v Haringey London Borough Council [2014] UKSC 56; [2014] 1 WLR 3947 (‘ 4 The issue raised by the first ground of ......
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[1] The Hon. Gaston Browne, Leader of the Opposition [2] The Hon. Lester B. Bird [3] The Hon. Asot A. Michael [4] Mr. Eisen Baptiste [5] Ms. Paulet Hinkson Appellants/Applicants v [1] The Constituencies Boundaries Commission [2] Attorney General of Antigua and Barbuda [3] The Speaker of the House of Representatives [4] The Prime Minister of Antigua and Barbuda Attorney General (for and on Behalf of her Excellency the Governor General) Respondents [ECSC]
...information in the circumstances of this case cannot be sustained. Regina v North and East Devon Health Authority, Ex parte Coughlan [2001] QB 213 applied; Bushell and Another v Secretary of State for the Environment [1980] 3 WLR 22 applied. 3. In order for a charge of gerrymandering to s......
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Michael Power and Others v The Minister for Social and Family Affairs
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RIGHTISM, REASONABLENESS AND REVIEW: SECTION 377A OF THE PENAL CODE AND THE QUESTION OF EQUALITY – PART ONE
...understanding of the judicial role in public law would be required. 68 In R v North and East Devon Health Authority, ex parte Coughlan [2001] QB 213, the promise to a severely disabled person and seven other patients was that if she moved to Mardon House, an NHS facility for the long-term d......
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LOCALISING ADMINISTRATIVE LAW IN SINGAPORE
...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). ......
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Federal Constitutional Influences on State Judicial Review
...a Changing State (Hart Publishing, 2008). 94 The decisive English case was R v North and East Devon Health Authority; Ex parte Coughlan [2001] QB 213, 242 [55]–[59]. 95 Ibid 242 [59]. The Court of Appeal is equally adventurous when considering statutory appeals of administrative decisions. ......
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...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......