*/
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 Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
Equip yourself for your new career at the Bar
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Juno Women’s Aid in Nottingham as part of its Giving Back campaign
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation
To mark the fifth anniversary of the Bar Standards Board’s Race Equality Taskforce, Dee Sekar reflects on key milestones, the role of regulation in race equality, and calls for views on the upcoming equality rules consultation
Daniel Barnett serves up a host of summer shows
How to start a podcast? Former High Court judge Sir Nicholas Mostyn explains how he joined forces with Lord Falconer and Baroness Helena Kennedy KC to develop and present their weekly legal podcast
