header-logo header-logo

Counting the cost

21 May 2009 / Alison Pickup
Issue: 7370 / Categories: Features , Public , Procedure & practice , Costs
printer mail-detail

Alison Pickup hopes the decision in Scott indicates a promising future

In R (Scott) v LB Hackney [2008] EWCA Civ 217 the appellant was a severely autistic 33-year-old man who issued a claim for judicial review in June 2006 challenging the failure of the respondent local authority to provide services to meet or properly assess his needs. After the claim was issued and permission granted, negotiation between the parties resulted in the claimant withdrawing his claim, but costs remained an outstanding issue.

After considering written submissions, Mr Kenneth Parker QC (sitting as a Deputy High Court Judge) decided to make no order as to costs in light of the fact that the respondent had had some reasonable points of defence, and the appellant had not pursued part of the original claim. The appellant appealed, arguing that the judge had applied the wrong test, had failed to take account of the respondent's conduct and had failed to take into account the effect on the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll