Source: All England Reporter
Publisher Citation: [2002] All ER (D) 389 (Jul)
Court: Administrative Court

George Bartlett QC sitting as a deputy judge of the High Court

Representation Adam Tolley (instructed by Squire & Co) for the claimant.
  James Strachan (instructed by Georgina Surry) for the defendant.
Judgment Dates: 25 July 2002


Costs - Order for costs - Costs of appeal - Discretion - Ombudsman conceding arguable error in his determination - Beneficiary of determination not consenting to re-determination - Lack of consent causing claimant to issue judicial review proceedings - Proceedings compromised - Whether claimant entitled to recover costs from beneficiary or ombudsman.

The Case

On the claimant's application for costs arising out of a compromised action for judicial review of a decision by the defendant, it would not be appropriate, in the circumstances, to award costs against the individual responsible for the unnecessary continuation of proceedings. The court also commented that, having regard to its terms of reference, an ombudsman had no power to re-open a complaint once its award had been accepted.

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