Costs for judicial review—general principles

Produced in partnership with Adam Heppinstall of Henderson Chambers and Jack Castle of Henderson Chambers

Practice notes

Costs for judicial review—general principles

Produced in partnership with Adam Heppinstall of Henderson Chambers and Jack Castle of Henderson Chambers

Practice notes

General rule on Costs in Judicial review

The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders can be applied for.

The costs of, and incidental to, all proceedings in the High Court are at the discretion of the court. The High Court has, by statute, discretion to award costs on a judicial review Application.

The court has discretion on whether to make a decision on costs which is different from the general rule, taking into account all the circumstances including the overriding objective.

The extent of the court’s discretion is:

•
whether costs are payable by one party to another
•
the amount of those costs, and
•
when they are to be paid

Costs will follow the event unless in the circumstances of the case the court considers that some other order, in relation to costs, such as a pre-emptive costs order, should be made, for example for the claimant to continue

Adam Heppinstall

Henderson Chambers

Adam is a common law/commercial Barrister with a very wide range of clients and specialisms. As Junior Counsel to the Crown since 2004 he has advised and represented a very large number of public bodies on a range of issues. These include local authorities, housing associations, charities, social enterprises and relating organisations. He also advises (where there is no conflict) companies and businesses contracting or otherwise interacting with public bodies, whether in relation to procurement, information law or general contractual issues. His practice covers public, regulatory and information law as well as personal injury, employment and more general commercial law issues. He has environmental, health & safety, trading standards, inquests, flooding and water drainage, chemical and pharmaceutical and traffic commissioner regulatory experience. He has appeared in most Chambers of the First-tier and Upper Tribunals. The Legal 500 describe Adam as “Very much a silk in waiting with fantastic client and people skills” and Chambers UK say that “He is extremely calm and knowledgeable and has excellent judgement. He is a terrific team player; he rolls his sleeves up and gets into the detail” and as “tactically astute” and “the “very bright” Adam Heppinstall who provides ‘clear, sensible advice’ and brings “a spirited approach to his cases”. He was a Judicial Assistant to the Court of Appeal. He is the Vice-Chair of a local housing association (Greenwich Housing Society.) He lives in Dulwich with his two children and two labradors.

Jack Castle

Barrister, Henderson Chambers

Jack is a barrister at Henderson Chambers specialising in commercial, financial services, product liability, employment, procurement, environmental and public law. He acts for claimants and defendants in both individual and group claims.

Before entering private practice Jack was a Visiting Lecturer in European Law at City Law School, University of London.

Jurisdiction(s):

United Kingdom

Key definition:

Costs definition

What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

Costs for judicial review—general principles

Produced in partnership with Adam Heppinstall of Henderson Chambers and Jack Castle of Henderson Chambers

Costs for judicial review—general principles

Produced in partnership with Adam Heppinstall of Henderson Chambers and Jack Castle of Henderson Chambers

General rule on Costs in Judicial review

Henderson Chambers

Barrister, Henderson Chambers

Key definition:

Costs definition

What does Costs mean?

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