*/
Costs – Protective costs order. The claimant made an application, under s 288 of the Town and Country Planning Act 1990, seeking to quash the grant of planning permission. The judge exercised her discretion to make a protective costs orders, notwithstanding that it was not a claim under the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters for the purposes of CPR 45.41, because costs protection under that rule was confined to claims for judicial review. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held, inter alia, that, once it was accepted that the exclusion of statutory appeals and applications from CPR 45.41 had not been an oversight, but had been a deliberate expression of a legislative intent, it necessarily followed that it would not be appropriate to exercise a judicial discretion so as to side-step the limitation that had been deliberately imposed by secondary legislation.
Costs – Protective costs order. The claimant made an application, under s 288 of the Town and Country Planning Act 1990, seeking to quash the grant of planning permission. The judge exercised her discretion to make a protective costs orders, notwithstanding that it was not a claim under the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters for the purposes of CPR 45.41, because costs protection under that rule was confined to claims for judicial review. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held, inter alia, that, once it was accepted that the exclusion of statutory appeals and applications from CPR 45.41 had not been an oversight, but had been a deliberate expression of a legislative intent, it necessarily followed that it would not be appropriate to exercise a judicial discretion so as to side-step the limitation that had been deliberately imposed by secondary legislation.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
