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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll