Campaign for Nuclear Disarmament, R (on the application of) v Secretary of State for Defence [2002] EWHC 2712 (Admin) (5 December 2002)

Campaign for Nuclear Disarmament, R (on the application of) v Secretary of State for Defence [2002] EWHC 2712 (Admin) (5 December 2002)

Given the exceptional circumstances, including the public importance of the issues, the claimant's limited resources, and the risk of the claim not proceeding without a costs cap, the court exercised its discretion to grant a pre-emptive costs order capping the claimant's liability at £25,000.

Citation
[2002] EWHC 2712 (Admin)
Parties
Claimant: Campaign for Nuclear Disarmament; First Defendant: Prime Minister; Second Defendant: Secretary of State for Foreign and Commonwealth Affairs; Third Defendant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
05 December 2002
Procedural Posture
Judicial Review / Application for Pre Emptive Costs Order Prior to Permission Hearing
Outcome
Application granted
Legal Topics
Pre Emptive Costs Orders, Public Interest Litigation, Judicial Review Procedure, Costs Capping
Administrative Law Civil Procedure Public Law Pre Emptive Costs Orders Public Interest Litigation Judicial Review Procedure Costs Capping

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Parties

Campaign for Nuclear Disarmament

Claimant

Prime Minister

First Defendant

Secretary of State for Foreign and Commonwealth Affairs

Second Defendant

Secretary of State for Defence

Third Defendant

Procedural Posture

Judicial Review / Application for Pre Emptive Costs Order Prior to Permission Hearing

Legal Issues

  1. 1 Whether a pre-emptive costs order capping the claimant's liability at £25,000 should be granted in a public interest judicial review prior to permission hearing

Ratio Decidendi

Given the exceptional circumstances, including the public importance of the issues, the claimant's limited resources, and the risk of the claim not proceeding without a costs cap, the court exercised its discretion to grant a pre-emptive costs order capping the claimant's liability at £25,000.

Court Disposition

Application granted

Orders

  • Pre-emptive costs order made capping claimant's liability at £25,000 in the event of adverse costs order in the High Court.
  • Claimant awarded costs of the application.