Pre-Permission costs in Judicial Review - The Queen (on the application of Davey) v Aylesbury Vale
27.11.2007
Pre-Permission costs in Judicial Review - The Queen (on the application of Davey) v Aylesbury Vale
Tuesday, November 27, 2007
The question before the Court of Appeal was whether, as a matter of law or practice, an order for costs made in favour of a successful respondent to judicial review proceedings included costs properly incurred prior to the grant of permission unless they were expressly excluded.
The Queen (on the application of Davey) v Aylesbury Vale [2007] EWCA Civ 1166, [2007] 47 EG 168 (CS), The Times, November 21st:
The Court of Appeal answered ‘yes’ to the above question. It confirmed that the normal rule is that costs follow the event and that still applies in Judicial Review proceedings. It set out general guidelines, building on the approach adopted by the courts to date, as to determination of costs awards following a substantive hearing.
James Findlay appeared with Jenny Oscroft for Aylesbury Vale.
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Lord Bridge of Harwich
26.11.2007
Lord Bridge of Harwich
Monday, November 26, 2007
Chambers was saddened to hear of the death of Lord Bridge last week. A former Head of our Chambers from 1961 to 1968, Lord Bridge had a distinguished career at the Bar and on the Bench.
Nigel Bridge was called to the Bar at the Inner Temple in 1947. He came first overall in his Bar Examinations. He joined our Chambers (then in Temple Gardens) in 1950 and succeeded John Widgery as Head of Chambers in 1961. In 1964 he was appointed Junior Counsel to the Treasury, and held this post until his elevation to the High Court Bench in 1968. He was the Presiding Judge of the Western Circuit from 1972 to 1974 and was appointed to the Court of Appeal as a Lord Justice of Appeal in 1975. He became a Law Lord in 1980 taking the title Lord Bridge of Harwich. He continued to sit until 1992.
As an advocate Nigel Bridge appeared in many of the leading planning and compulsory purchase cases of the time including Hartnell v MHLG (on existing use rights), Davy v Leeds Corporation (on “no scheme” compensation), James v MHLG (on intensification as a change of use), Wells v MHLG (on estoppel), and Webber v MHLG (on seasonal uses).
In his capacity as a Judge, Nigel Bridge helped to establish many of the fundamental principles of planning law including the concept of the planning unit (Burdle v SoSE [1972] 1 WLR 1207) and the extent of the duty to give reasons (SAVE v SoSE [1991] 1 WLR 153).
More widely, his landmark speeches in the House of Lords decisions in Factortame (No 1) [1990] 2 AC 85 and Factortame (No 2) [1991] 1 AC 603 put beyond doubt the supremacy of directly effective European Community law over UK Acts of Parliament.
Our thoughts are with his family at this time. We are proud he was a member of our Chambers.
Framed Asian police officer's conviction quashed
21.11.2007
Framed Asian police officer's conviction quashed
Wednesday, November 21, 2007
Anthony Scrivener QC acted for Sultan Alam in the Court of Appeal where Alam’s criminal conviction has been quashed.
Alam had served as a constable with Cleveland Police until he was charged with handling stolen motor vehicle parts and sentenced to 18 months in prison in 1996.
Alam has always alleged that he was framed as a result of his legal action for racism against Cleveland Police and after a two and a half year operation the CPS charged four officers with criminal offences related to framing Alam.
Throughout the ordeal Alam had sought the assistance of the Police Federation but had been denied any aid. The officers charged with framing him did however receive financial assistance. An employment tribunal found that Alam had been discriminated against.
In the Court of Appeal Lord Justice Moore-Bick found that the police had deliberately misled the court in order to suppress evidence and that he had been wrongfully implicated in order to undermine the discrimination proceedings.
Click here for a link to Sultan Alam’s own press statement.
Click here (19/11/2007 and 20/11/2007) for detailed coverage by The Guardian.
Avoiding and resisting Judicial Review
13.11.2007
Avoiding and resisting Judicial Review
Tuesday, November 13, 2007
Jon Holbrook acted for Restormel Borough Council in two cases concerning applications for judicial review of the authorities refusal to provide interim accommodation pending the outcome of review.
Over the summer two separate homeless applicants obtained injunctions requiring Restormel Borough Council to house them. Each injunction was obtained out of hours on a Friday evening on an ex parte basis over the telephone.
The return dates in each case came before Munby J who took the opportunity to comment on the law and practice relating to ex parte injunctions:
Click here for a summary of the main points that should be of particular interest to local authorities when resisting applications for injunctions.
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Chambers & Partners 2008
09.11.2007
Chambers & Partners 2008
Friday, November 09, 2007
This year’s edition of Chambers & Partners was launched on Wednesday 7 November 2007. We are delighted with our rankings with even more members included this year.
We are ranked as follows:
Regards
Lynne Orsborn
