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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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