Pre-Permission costs in Judicial Review – The Queen (on the application of Davey) v Aylesbury Vale

01 Jan 2018

Public Law and Judicial Review

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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