Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers
Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners

The following Public Law practice note produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners
  • Cost capping under the Criminal Justice and Courts Act 2015
  • Costs capping in judicial review claims
  • Judicial review costs capping orders
  • Civil Procedure Rules
  • Applying for a JRCCO
  • Conditions which must be satisfied
  • Considerations for the court
  • Varying a JRCCO
  • Cross-cap
  • More...

A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other than the claimant and defendant) who is directly affected by a claim may be an 'interested party' for the purpose of that claim (see CPR 54.1(1)(f)) and should be served with the claim under CPR 54.7. A defendant or interested party faced with a judicial review claim may encounter difficulties in recovering the costs of proceedings, even when successful.

The court’s discretion under the Senior Courts Act 1981 (SCA 1981) is used sensitively so that cases in the public interest may be supported, for instance through protective costs orders (PCOs) and costs capping orders (CCOs). A PCO generally limits or extinguishes the amount of costs that a party will have to pay if they lose, whereas a CCO is an order limiting or removing the liability of a party to pay another party's costs, by limiting the amount that party may recover. For judicial review claims, the Criminal Justice and Courts Act 2015 (CJCA 2015) places the court's common law powers to make PCOs on a statutory footing.

Cost capping under the Criminal Justice and Courts Act 2015

Sections 88–90 of the CJCA 2015, which entered into force on 8 August 2016, introduced a new regime for cost capping in judicial review

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