The Court of Appeal Civil Division has no power to make an award of costs out of central funds. The court referred to: ‘the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over the levying and the expenditure of the public revenue’.
Bridge alluded to the position where a party could not have recourse on costs when he had to come to court to seek relief by way of judicial review due to a misjudgement by an inferior court or tribunal. It is the position under the common law that there are occasions where a successful party may not be able to recover the costs incurred by him in correcting an error of an inferior tribunal.
Judges:
Lord Bridge
Citations:
Independent 10-Jun-1993, Times 28-May-1993, [1994] 1 AC 22, [1993] 2 All ER 769, [1993] 2 WLR 934
Jurisdiction:
England and Wales
Criminal Practice, Costs, Constitutional
Updated: 10 April 2022; Ref: scu.89532