Royal Free London NHS Foundation Trust, R (On the Application Of) v Saker

Royal Free London NHS Foundation Trust, R (On the Application Of) v Saker

The claimant is entitled to costs only against the second defendant, not the first defendant, as it was only successful against the second defendant. The second defendant is liable for 50% of the claimant’s costs, excluding the hearing in question, due to the claimant’s decision to join both defendants and the premature commencement of proceedings. The second defendant’s application to set aside the previous costs order and for relief from sanctions is refused due to lack of promptness and justification.

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 After Permission Decision
Outcome
Claimant awarded 50% of its costs against the second defendant; second defendant's application to set aside costs order and for relief from sanctions refused.
Legal Topics
Judicial Review, Costs, Relief From Sanctions, Statutory Duties, Immigration and Social Care
Administrative Law Civil Procedure Judicial Review Costs Relief From Sanctions Statutory Duties Immigration and Social Care

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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 After Permission Decision

Legal Issues

  1. 1 Whether the claimant is entitled to costs against the first and second defendants
  2. 2 Whether the second defendant's application to set aside a costs order and for relief from sanctions should be granted

Ratio Decidendi

The claimant is entitled to costs only against the second defendant, not the first defendant, as it was only successful against the second defendant. The second defendant is liable for 50% of the claimant’s costs, excluding the hearing in question, due to the claimant’s decision to join both defendants and the premature commencement of proceedings. The second defendant’s application to set aside the previous costs order and for relief from sanctions is refused due to lack of promptness and justification.

Court Disposition

Claimant awarded 50% of its costs against the second defendant; second defendant's application to set aside costs order and for relief from sanctions refused.

Orders

  • Second defendant to pay £7,500 to the claimant as 50% of its costs (excluding the hearing).
  • Second defendant to pay £2,000 to the first defendant as previously ordered by Judge Thornton QC.