Source: All England Reporter
Publisher Citation: [2009] All ER (D) 124 (Jan)
Neutral Citation: [2009] EWCA Civ 217
Court: Court of Appeal, Civil Division

Sir Andrew Morritt C, Richards and Hallett LJJ (judgment delivered extempore)

Representation Stephen Cragg (instructed by John Ford Solicitors) for the claimant.
  Ali Reza Sinai (instructed by Amanda Kelly) for the local authority.
  Richard Clayton QC and Vikram Sachdeva (instructed by the Public Law Project) for the intervener.
Judgment Dates: 20 January 2009


Costs - Order for costs - Discretion - Application for judicial review - Judicial review granted - Claimant subsequently withdrawing application - Judge making no order for costs save for detailed assessment of claimant's publicly funded costs - Whether judge erring in failing to make inter partes costs.

The Case

Costs Order for costs. Court of Appeal, Civil Division: Where a final consent order had been agreed between the parties prior to a judicial review hearing, the judge had been correct to make no order for costs save for a detailed assessment of the claimant's publicly funded costs, since he had plainly considered the issues and had reached a reasoned conclusion. Moreover, the case before him was far from straightforward since it was not clear cut who would have won and who would have lost.

Practice Areas

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