Bullmore, R (on the application of) v West Hertfordshire Hospitals NHS Trust [2007] EWCA Civ 609 (08 June 2007)

Bullmore, R (on the application of) v West Hertfordshire Hospitals NHS Trust [2007] EWCA Civ 609 (08 June 2007)

The judge did not misdirect himself in law or principle; he was entitled to conclude that the issues raised were not of sufficient general public importance to justify a protective costs order, and the application did not meet the necessary criteria under Corner House.

Citation
[2007] EWCA Civ 609
Parties
Claimant/appellant: The Queen on the Application of Bullmore; Defendant/respondent: West Hertfordshire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
08 June 2007
Procedural Posture
Judicial Review / Application for Permission to Appeal Refusal of Protective Costs Order
Outcome
Application refused
Legal Topics
Protective Costs Orders, Judicial Review, Public Interest Litigation, Costs
Administrative Law Civil Procedure Protective Costs Orders Judicial Review Public Interest Litigation Costs

Case Brief

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Parties

The Queen on the Application of Bullmore

Claimant/appellant

West Hertfordshire Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal Refusal of Protective Costs Order

Legal Issues

  1. 1 Whether the High Court erred in refusing a protective costs order in a judicial review claim brought by a public interest group
  2. 2 Whether the issues raised were of sufficient general public importance to justify a protective costs order
  3. 3 Whether the judge misapplied the test for granting a protective costs order

Ratio Decidendi

The judge did not misdirect himself in law or principle; he was entitled to conclude that the issues raised were not of sufficient general public importance to justify a protective costs order, and the application did not meet the necessary criteria under Corner House.

Court Disposition

Application refused

Orders

  • Permission to appeal refused