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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This podcast provides a useful guide for practitioners advising parties in judicial review proceedings. It considers the serious implications of the basic “costs shifting” rule for access to justice and the special rules devised by the courts in recent years as an attempt to address this issue. The podcast examines the basic rules regarding adverse costs and costs protection in judicial review cases. It also discusses the approach of the courts to claimant costs recovery after R (Bahta) v SSHD [2011] EWCA Civ 895.

After completing the course you will:
  • Appreciate the basic rules relating to cost in judicial review;
  • Understand how the cost shifting rule creates a problem for access to justice;
  • Understand the claimant’s adverse costs risks up to the permission stage;
  • Appreciate the costs implications where a party withdraws a judicial review claim before trial;
  • Understand how costs protection may be obtained by legal aid;
  • Have considered the main ways that a claimant can limit costs exposure in cases where they do not benefit from legal aid;
  • Appreciate the circumstances in which a court might make a Protective Costs Order;
  • Have considered judicial review applications that fall under the Aarhus Convention;
  • Be aware of the claimant’s ability to recover their costs if the defendant settles;
  • Have considered the costs position of third parties;
  • Know what the costs position will be where the defendant tribunal did not appear or take part.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Access to Justice Act 1999;
  • AL (Albania) v SSHD [2012] EWCA Civ 595;
  • Arkin v Borchard Lines Ltd [2005] 1 WLR 3055;
  • Bolton MBC v SSE (Practice Note) [1995] 1 WLR 1176 CPR 44.3(2);
  • Dullingham Parish Council v East Cambridgeshire District Council [2010] EWHC 1307 (Admin);
  • Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] 1 WLR 2807;
  • Garner & Ors (Appellant) v Elmbridge Borough Council & ors (Respondent) [2011] EWCA Civ 891;
  • KR (Nepal) v SSHD [2010] EWCA Civ 1619;
  • Project interested party) [2005] EWCA Civ 192;
  • R (Bahta) v SSHD [2011] EWCA Civ 895;
  • R (Boxall) v Waltham Forest LBC (2001) 4 CCL Rep 258;
  • R (Burkett) v Hammersmith and Fulham BC [2004] EWCA Civ 1342;
  • R (Coedbach Action Team Ltd) v SSECC [2010] EWHC 2312 (Admin), [2011] 1 Costs LR 70;
  • R (Compton) v Wiltshire PCT [2009] 1 WLR 1436;
  • R (Corner House Research) v Secretary of State for Trade & Industry (Public Law Project interested party) [2005] EWCA Civ 192;
  • R (Davies) v Birmingham Deputy Coroner [2004] 1 WLR 2739;
  • R (Ewing) v Deputy Prime Minister [2006] 1 WLR 1271;
  • R (Holmes) v GMC [2001] EWHC Admin 321;
  • R (M) v LB Croydon [2012] EWCA Civ 595;
  • R (Mount Cook Land Ltd) v Westminster City Council [2004] 1 PLR 29;
  • R (Munjaz) v [2003] 3 WLR 1505;
  • R (Scott) v LB Hackney [2009] EWCA Civ 217;
  • R (Smeaton) v SSH [2002] EWHC 886 (Admin);
  • R v Liverpool CC, ex parte Newman (1992) [1998] JR 178;
  • Sengoz v SSHD [2001] EWCA Civ 1135;
  • Sullivan Report, Ensuring Access to Environmental Justice in England and Wales, May 2008;
  • Walker Wingsail Systems Plc [2006] 1 WLR 294.

In this podcast Tim Buley from Landmark Chambers discusses the issue of cost in judicial review proceedings including adverse costs, costs protection and costs recovery.

Date Recorded: 17th September 2012

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