![AC-2024-LON-003165 - [2025] EWHC 2532 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Conclusions
Conclusions and disposal
We have concluded that to the extent that Murphy has been treated as establishing a principle that the High Court may only award costs under section 51 in relation to criminal causes in exceptional cases, that is wrong and should not be followed.
We find that Mr Bates is entitled to an order that Mr Westhead pay his costs of the judicial review proceedings. Such costs are to be subject to a detailed assessment on the standard basis, if they cannot be agreed.
In principle, we consider that the provisions of section 19 of the 1985 Act are engaged, entitling Mr Bates to an order that Mr Westhead pay some or all of his costs of the criminal proceedings. We have noted the very large sum claimed. We have not heard full submissions on the amount of any costs order which should be made pursuant to the provisions of regulation 3 of the Costs in Criminal Cases (General) Regulations 1986. We accordingly remit the application to the magistrates’ court for that purpose.
- 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