*/
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 sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts