Legal News

Costs in judicial review proceedings (Shahi v SoS for the Home Department)

Published on: 25 November 2021
Published by: LexisPSL
  • Costs in judicial review proceedings (Shahi v SoS for the Home Department)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Public Law analysis: This case concerns an appeal brought against a decision of the court to make no order for costs in circumstances where the claimant had successfully obtained interim relief in a claim for judicial review, where the claim was subsequently settled by consent. In considering who was the successful party for the purposes of the general rule on costs in CPR 44.2, the court held that the grant of interim relief in a public law dispute is not, in and of itself, a reason for giving the claimant the costs of the action. In reaching its decision, the court considered the key cases of M v Croydon London Borough Council and R (Naureen) v Salford City Council in the context of costs in the Administrative Court. Written by Ellie O’Sullivan, associate at Trowers & Hamlins LLP. or take a trial to read the full analysis.

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