Judicial review costs in private prosecutions—a landmark decision (R (Bates) v Highbury Corner Magistrates' Court)
Corporate Crime analysis: In R (Bates) v Highbury Corner Magistrates' Court, the Divisional Court decisively overturned the principle established in Murphy v Media Protection Services (‘the Murphy principle’), which held that ‘save in exceptional cases, prosecutions and appeals in criminal cases should be and will be subject to the criminal costs regime’. The Murphy principle therefore restricted the High Court’s longstanding discretion to award inter partes costs in criminal judicial review cases, including those arising from private prosecutions. The judgment highlights the inconsistent approach courts have taken to costs in criminal-related High Court proceedings. Notably, the Murphy principle was introduced without argument, citation of relevant authorities, or detailed reasoning, despite its significant impact on cost recovery. In Bates, the Court held that section 51 of the Senior Courts Act 1981 (SCA 1981) provides a general discretion to award costs, without any ‘exceptionality’ requirement. Declaring Murphy per incuriam, the Court restored the High Court’s ability to award costs and ordered costs in favour of Mr Bates. Written by Nicole Jennings, associate at Peters & Peters.