The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1) [2013] EWHC 3164 (Admin) (18 October 2013)

The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1) [2013] EWHC 3164 (Admin) (18 October 2013)

The Court found that the case raised issues of general public importance and public interest, and the Claimant lacked financial means to pursue the litigation without a PCO. The Court applied the Corner House principles flexibly, determined that a full PCO was appropriate, and set a modest cost cap at £70,000 at Treasury rates. Applications for discharge or variation of the PCO, security for costs, and variation of the disclosure order were dismissed. Extension of time for filing Grounds of Resistance was granted.

Citation
[2013] EWHC 3164 (Admin)
Parties
Claimant: The Plantagenet Alliance Limited; First Defendant: Secretary of State for Justice; Second Defendant: University of Leicester; First Interested Party: 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: 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 Hearing on Costs and Procedural Applications
Outcome
Applications for discharge or variation of PCO, security for costs, and variation of disclosure order dismissed; cost cap set; extension of time granted.
Legal Topics
Protective Costs Orders, Security for Costs, Disclosure, Judicial Review, Burial Act 1857, Cost Capping
Administrative Law Civil Procedure Protective Costs Orders Security for Costs Disclosure Judicial Review Burial Act 1857 Cost Capping

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Parties

The Plantagenet Alliance Limited

Claimant

Secretary of State for Justice

First Defendant

University of Leicester

Second Defendant

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

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 Hearing on Costs and Procedural Applications

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 cost cap under PCO

Ratio Decidendi

The Court found that the case raised issues of general public importance and public interest, and the Claimant lacked financial means to pursue the litigation without a PCO. The Court applied the Corner House principles flexibly, determined that a full PCO was appropriate, and set a modest cost cap at £70,000 at Treasury rates. Applications for discharge or variation of the PCO, security for costs, and variation of the disclosure order were dismissed. Extension of time for filing Grounds of Resistance was granted.

Court Disposition

Applications for discharge or variation of PCO, security for costs, and variation of disclosure order dismissed; cost cap set; extension of time granted.

Orders

  • Full Protective Costs Order maintained in favour of Claimant against First and Second Defendants
  • Cost cap set at £70,000 at Treasury rates