The court refused to make a costs order against Shelter on the grounds that: (i) there were already pending before the court a sequence of individual cases raising precisely the same issue; (ii) the legal question raised was of genuine public interest; (iii) the applicant’s involvement had assisted the court in determining the issue speedily; and (iv) had the matter been determined in separate proceedings, it was likely that any applicant would have been legally aided, and thus the burden of his/her costs would have fallen upon the tax payer and the respondent would not have obtained an order for his costs.
Judges:
Carnwath J
Citations:
[1997] COD 49
Jurisdiction:
England and Wales
Cited by:
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Lists of cited by and citing cases may be incomplete.
Costs, Judicial Review
Updated: 26 November 2022; Ref: scu.223262