header-logo header-logo

08 October 2009 / Julia Marlow , Charles Brasted
Issue: 7388 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Ongoing protection?

Charles Brasted & Julia Marlow review protective costs orders in judicial review

The perennial issue of the cost of litigation and its impact on access to justice is under the spotlight again in Lord Justice Jackson’s ongoing Civil Litigation Costs Review (the Jackson Review).

Nowhere is the issue of more acute importance than in the area of judicial review, where litigation is not simply a matter of determining the private rights of parties but an essential constitutional element of ensuring fair and lawful governance.

The availability of protective costs orders (PCOs) in judicial review proceedings has, since first considered in R v Lord Chancellor ex p Child Poverty Action Group [1999] 1 WLR (CPAG), become an important part of the judiciary’s response to such concerns. As PCOs have become more prevalent, so has the caselaw become more extensive and the governing principles more developed.

The recent case of Morgan & Ors v Hinton Organics (Wessex) Ltd [2009] EWCA 107 Civ provides a

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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll