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- Heading
- Lady Justice Whipple and Lady Justice Yip
- The Claimant’s position
- The Interested Party’s response to the applications
- The Advocate to the Court’s stance on the Murphy principle
- The issues arising
- The costs of the judicial review proceedings
- The Civil Procedure Rules
- Section 28 A of the Senior Courts Act 1981
- The criminal costs regime and its application in the High Court
- The Murphy principle
- The development of the law since Murphy
- Cases which do not support the Murphy principle
- Overview of the authorities
- The legislative history
- The criminal costs regime
- Does the 1985 Act oust the jurisdiction to award costs under section 51 of the 1981 Act ?
- Does section 51(5) of the 1981 Act preclude awarding costs under the civil regime?
- Is there a requirement for exceptionality before making an order for inter partes costs pursuant to section 51 in a criminal cause or matter?
- How should the discretion under section 51 be exercised in this case?
- Assessment of the costs payable in relation to the judicial review proceedings
- The costs of the proceedings in the magistrates’ court
- Conclusions