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The Civil Procedure Rules
The Civil Procedure Rules
The Civil Procedure Rules are expressed to apply to all proceedings in the County Court, the High Court and the Civil Division of the Court of Appeal, save for certain specified exceptions, which do not apply to this case (see CPR 2.1).
CPR Part 44 contains general rules about costs and provides a regime under which the court can determine how to exercise the broad discretion as to costs provided by section 51(1) and (3) of the 1981 Act.
CPR 44.2(1) provides that the court has discretion as to (a) whether costs are payable by one party to another; (b) the amount of those costs; and (c) when they are to be paid. CPR 44.2(2) states:
“If the court decided to make an order about costs –
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b) the court may make a different order.”
- 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