Costs in JRs generally and for age assessment cases

01 Jan 2018

Public Law and Judicial Review

On Wednesday 14th March, Catherine Rowlands appeared before the Court of Appeal (MR, Stanley Burnton and Hallett LJJ) in M v Croydon County Council arguing about the application of the Bahta principles (R (Bahta) v SSHD & Ors [2011] EWCA Civ 895) in age assessment cases. In Bahta the issue was whether a) the Judges had correctly interpreted R (Boxall) v Waltham Forest LBC 21 December 2000 (2001) 4 CCL Rep 258 and b) whether the test in Boxall should be modified in the light of current circumstances and the recommendations in Jackson LJ’s review of civil litigation costs.

This could be an important case for local authorities dealing with claims for costs in JRs generally and particularly in age assessment cases. Judgment was reserved.