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The issues arising
The issues arising
It follows from the above that we must first determine whether we should, in principle, make an inter partes costs order in the judicial review proceedings relying on the High Court’s general discretion in relation to costs contained in section 51(1) of the 1981 Act. That involves consideration of the following:
Should the Murphy principle be followed?
In judicial review proceedings concerning a criminal cause or matter, is the High Court able to make an award of costs in exercise of its discretion under section 51(1) only in exceptional circumstances?
If the Court is entitled to exercise its discretion under section 51 to make an inter partes costs order, should it exercise that discretion so as to order that the Interested Party pay all or some portion of the Claimant’s costs?
If we decide that there should be a costs order in principle, we will have to go on to consider how the amount to be paid should be determined.
In relation to the criminal proceedings, we must decide:
whether it is appropriate for this court to use section 66 of the Courts Act 2003 to invoke the power invested in a District Judge to make an order for the payment of costs pursuant to section 19 of the 1985 Act and regulation 3 of the 1986 Regulations;
if so, whether such an order is appropriate on the facts of this case;
if such an order is appropriate, whether the amount of costs to be paid should be summarily assessed or determined in some other way.
- 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