The court was asked whether, as a matter of law or of practice, an order for costs made in favour of a successful respondent to judicial review proceedings includes costs incurred prior to the grant of permission unless these are expressly excluded.
Held: An order of costs could properly include an order to recover costs incurred responding to the claimant’s complaints and enquiries before issue of judicial review proceedings, including the costs of serving the acknowledgment of service but excluding the costs of any oral permission hearing.
Judges:
Sir Anthony Clarke MR, Sedley LJ, Lloyd LJ
Citations:
[2007] EWCA Civ 1166, Times 21-Nov-2007, [2008] 1WLR 878
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Smoke Club Ltd, Regina (on The Application of) v Network Rail Infrastructure Ltd Admn 29-Oct-2013
The claimant had been refused leave to bring judicial review. It then renewed its application before finally wthdrawing it. The court now considered liability for costs.
Held: ‘There are particular reasons for the particular rules governing . .
Lists of cited by and citing cases may be incomplete.
Costs, Judicial Review
Updated: 12 July 2022; Ref: scu.261311