Judicial review—Costs of application—Protective costs order

Supreme Court, Lord Hope DP, Lord Walker, Lord Brown, Lord Mance and Sir John Dyson SCJJ, 15 Dec 2010

It is not open to costs officers, where applications to reduce or cap a party’s liability have been made to, considered and rejected by the court, to achieve that result through the detailed assessment process.

David Wolfe (instructed by Richard Buxton Environmental and Public Law) for the claimant.  James Eadie QC, James Maurici and Charles Banner (instructed by the treasury solicitor) for the secretary of state.

The underlying action concerned an application for judicial review of the Environmental Agency’s decision to issue a permit for the operation of a cement works. Permission had been granted to use shredded tyres as fuel for the works and there had been a public campaign against that decision. The appellant failed before the Court of Appeal and appealed to the House of Lords.