- Costs of intervening the Court of Appeal (Criminal Division) can be recoverable in judicial review proceedings (Hunt v Director of Prosecutions)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: The claimant sought, by way of judicial review, to challenge the decision of the Director of Public Prosecutions not to charge a man for offences of voyeurism. Before the claim could be heard, the claimant was informed of an unrelated appeal before the Court of Appeal (Criminal Division) which was considering the identical point of law upon which the judicial review turned and the claimant was granted permission to intervene in the Court of Appeal proceedings. The question before the Administrative Court was whether the claimant was entitled to recover the costs incurred in the Court of Appeal arising from her intervention. Given the unusual circumstances of the case, the court ruled that it did have jurisdiction to award the claimant, as part of her costs of the judicial review proceedings, the costs of intervening in the criminal appeal, as the costs were ‘incidental to’ the judicial review proceedings. Written by Nick Murphy, barrister, at 25 Bedford Row.
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