AC-2025-LON-003228 - [2025] EWHC 2569 (Admin)

The outcome of the case is that I have granted permission for judicial review on all grounds. But, for the reasons I have given, I will dismiss the substantive claim.

The only consequential matter for me to deal with is the question of costs. The Interested Party has made an application for its costs. The Claimant resists that order, whose fairness, reasonableness and proportionality are all contested. Mr Kherbane emphasises, in particular, that the Interested Party was understood to have adopted a neutral position; that most of the work that needed to be done was in trying to present this Court with the clearest possible picture; and that this is in circumstances where no transcript could in the event be obtained by the Claimant, despite all endeavours. I have decided to make no order as to costs. One thing I have reflected on is what would have happened if the case had gone the other way: I would not have awarded the Claimant his costs from the Interested Party. It was entirely appropriate for the Interested Party to appear, to assist the Court today. The Court is grateful that it did so. But it would have been possible for the Interested Party simply to provide materials, if it had wished to take that course. The claim has not been aggressively defended by it. The Court has been able to address the substance by focusing on the main on the points being advanced by the claim. Stepping back and considering the justice of the case in the round, I have been persuaded by Mr Kherbane that the fairest course is simply to say no order as to costs. That will be my order.