![AC-2024-LON-003165 - [2025] EWHC 2532 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Heading
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LADY JUSTICE WHIPPLE
and
LADY JUSTICE YIP
(SITTING AS MRS JUSTICE YIP AT DATE OF HEARING)
Between :
THE KING (on the application of ANTONY BATES) | Claimant |
- and - | |
HIGHBURY CORNER MAGISTRATES’ COURT - and - JAMES WESTHEAD | Defendant Interested Party |
Adrian Darbishire KC and Stuart Biggs KC (instructed by Herbert Smith Freehills Kramer LLP) for the Claimant
The Defendant was not represented and did not attend
The Interested Party attended in person
Paul Jarvis KC (appointed by the Government Legal Department on behalf of the Attorney General) as Advocate to the Court
Hearing date: 2 July 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 6 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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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