Royal Free London NHS Foundation Trust, R (On the Application Of) v Saker [2013] EWHC 4101 (Admin) (18 December 2013)

Royal Free London NHS Foundation Trust, R (On the Application Of) v Saker [2013] EWHC 4101 (Admin) (18 December 2013)

The claimant is entitled to 50% of its costs against the second defendant, reflecting the premature and partially misconceived proceedings, but is not entitled to costs against the first defendant as the claim failed against her. The second defendant's application to set aside the order to pay the first defendant's costs is refused due to unjustified delay and lack of good reason under CPR 3.9.

Citation
[2013] EWHC 4101 (Admin)
Parties
Claimant: Royal Free London NHS Foundation Trust; 1st Defendant: Secretary of State for the Home Department; 2nd Defendant: Brent Borough Council; Interested Party: Samhir Mahmod Saker
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Judicial Review / Costs Determination Following Permission and Partial Compromise
Outcome
Claimant awarded 50% of its costs against the second defendant; claimant's claim for costs against the first defendant refused; second defendant's application to set aside costs order refused.
Legal Topics
Judicial Review, Costs Orders, Relief From Sanctions, Public Law Duties
Administrative Law Civil Procedure Judicial Review Costs Orders Relief From Sanctions Public Law Duties

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Parties

Royal Free London NHS Foundation Trust

Claimant

Secretary of State for the Home Department

1st Defendant

Brent Borough Council

2nd Defendant

Samhir Mahmod Saker

Interested Party

Procedural Posture

Judicial Review / Costs Determination Following Permission and Partial Compromise

Legal Issues

  1. 1 Whether the claimant is entitled to costs against both defendants
  2. 2 Whether the second defendant should pay the first defendant's costs as ordered
  3. 3 Whether relief from sanctions should be granted to the second defendant for late application

Ratio Decidendi

The claimant is entitled to 50% of its costs against the second defendant, reflecting the premature and partially misconceived proceedings, but is not entitled to costs against the first defendant as the claim failed against her. The second defendant's application to set aside the order to pay the first defendant's costs is refused due to unjustified delay and lack of good reason under CPR 3.9.

Court Disposition

Claimant awarded 50% of its costs against the second defendant; claimant's claim for costs against the first defendant refused; second defendant's application to set aside costs order refused.

Orders

  • Second defendant to pay claimant £7,500 in costs (excluding today's hearing).
  • Second defendant to pay first defendant £2,000 in costs as previously ordered.