Costs – Discretion. It would be incongruous if a court, tribunal or the individual holder of a judicial post was potentially liable for the costs of an application for judicial review of a refusal of permission to appeal, but not for the costs of any other challenge to his decisions. The Court of Appeal, Civil Division, in dismissing the parties' appeal, further held that the judge's order, that the costs of the claimant's Cart claim be treated as costs of the appeal, had been principled and a just resolution of the costs issue.