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

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

[1999] EWCA Civ J0716-7

Before:

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.

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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    • Singapore Academy of Law Journal No. 2022, March 2022
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    • Singapore
    • Singapore Academy of Law Journal No. 2017, December 2017
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    ...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). ......
  • Federal Constitutional Influences on State Judicial Review
    • United Kingdom
    • Sage Federal Law Review No. 39-3, September 2011
    • 1 September 2011
    ...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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