header-logo header-logo

Ongoing protection?

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll