||All England Reporter
|| All ER (D) 157 (May)
|| EWCA Civ 363
||Court of Appeal, Civil Division
David Richards and Hickinbottom LJJ
||Tom Hickman (instructed by Deighton Pierce Glynn) for the appellant.
||Robert Kellar (instructed by the Government Legal Department) for the Secretary of State.
||23 May 2017
Costs - Order for costs - Discretion - Disallowing costs of successful plaintiff - Appellant appealing against judge's refusal to award costs in second claim on account of achieving objective of second claim in first claim - Judge deeming second claim unnecessarily duplication - Whether judge erring.
Costs Order for costs. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a judge's refusal to award costs in respect of a judicial review claim challenging the lawfulness of continued detention. The appellant had successfully been released on bail in respect of proceedings he had brought prior to the judicial review proceedings, and, therefore, had succeeded in obtaining the substantive relief sought in the second claim. Accordingly, it was held that the judge had been correct to deny costs in the second claim as they were correctly deemed unnecessarily and unreasonably duplicative.
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