The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1)

The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1)

The court found that the case raised issues of general public importance and public interest, the Claimant lacked financial means, and the PCO was properly granted. There was no compelling reason to discharge or vary the PCO. Security for costs would stifle the claim and was inappropriate. The cost cap was set at £70,000 at Treasury rates as fair and modest. The disclosure order was appropriate for case management. Extension of time for filing Grounds of Resistance was granted.

Parties
Claimant: The Plantagenet Alliance Limited; First Defendant: Secretary of State for Justice; Second Defendant: The University of Leicester; First Interested Party: The Members for the Time Being of the Chapter, the Council and the College of Canons of the Cathedral of Saint Martin Leicester; Second Interested Party: The Members for the Time Being of the Chapter, the Council and the College of Canons of the Cathedral and Metropolitan Church of Saint Peter York
Jurisdiction
England and Wales
Judgment Date
18 October 2013
Procedural Posture
Judicial Review / Interlocutory Applications Prior to Substantive Hearing
Outcome
Applications to discharge or vary the PCO and for security for costs dismissed; cost cap set; disclosure order maintained; extension of time granted.
Legal Topics
Protective Costs Order, Security for Costs, Disclosure, Judicial Review, Cost Capping
Administrative Law Civil Procedure Protective Costs Order Security for Costs Disclosure Judicial Review Cost Capping

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Plantagenet Alliance Limited

Claimant

Secretary of State for Justice

First Defendant

The University of Leicester

Second Defendant

The Members for the Time Being of the Chapter, the Council and the College of Canons of the Cathedral of Saint Martin Leicester

First Interested Party

The Members for the Time Being of the Chapter, the Council and the College of Canons of the Cathedral and Metropolitan Church of Saint Peter York

Second Interested Party

Procedural Posture

Judicial Review / Interlocutory Applications Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the Protective Costs Order (PCO) should be discharged or varied
  2. 2 Whether security for costs should be ordered against the Claimant
  3. 3 Appropriate quantum for the cost cap under the PCO

Ratio Decidendi

The court found that the case raised issues of general public importance and public interest, the Claimant lacked financial means, and the PCO was properly granted. There was no compelling reason to discharge or vary the PCO. Security for costs would stifle the claim and was inappropriate. The cost cap was set at £70,000 at Treasury rates as fair and modest. The disclosure order was appropriate for case management. Extension of time for filing Grounds of Resistance was granted.

Court Disposition

Applications to discharge or vary the PCO and for security for costs dismissed; cost cap set; disclosure order maintained; extension of time granted.

Orders

  • Application for discharge or variation of the PCO dismissed
  • Application for security for costs dismissed