Source: All England Reporter
Publisher Citation: [2017] All ER (D) 157 (May)
Neutral Citation: [2017] EWCA Civ 363
Court: Court of Appeal, Civil Division

David Richards and Hickinbottom LJJ

Representation Tom Hickman (instructed by Deighton Pierce Glynn) for the appellant.
  Robert Kellar (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 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.

The Case

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.

Practice Areas

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