Wigg & Co - applications for permission to apply for judicial review
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See Payne v Caerphilly
CBS (2004) EWCIA Civ 433. Practice Direction of CPR part 54 provides in
respect of applications for permission to apply for Judicial Review
under 8.5 that neither the Defendant nor any other interested party may
attend a hearing and the question of permission unless the Court directs
otherwise. Where the Defendant or any party does attend a hearing the
Court will not generally make an order for costs against the Claimant.
Generally - that is save in exceptional circumstances - costs of and
occasioned by such attendance should not be awarded against a Claimant.
The Decision in R (in the application of (1) Mount Cook Land Ltd (2)
Mount Eden Land Ltd) v Westminster City Council (2003) EWCA Civ 1346
held that there was no good reason in law or practice why the guidance
given in paragraph 8.6 should not be followed in all cases in which a
Defendant or other interested party to a Judicial Review claim files an
acknowledgement of service and attends and successfully resists at a
permission hearing. Generally - that is save in exceptional
circumstances - costs of and occasioned by such attendance should not be
awarded against the Claimant. If it had been appropriate to make an
order for costs this was a case in which there should have been a
summary assessment and the Judge gave no reasons for ordering the
detailed assessment. The costs claim was some £4600.00 and there was no
feature in the present case which could reasonably have led the Judge
not to apply the general rule requiring them to be summarily assessed.
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