Weaver v London Quadrant Housing Trust

Weaver v London Quadrant Housing Trust

The criteria for granting a protective costs order are satisfied even though the applicant is the respondent to the appeal. The applicant's interest is not a disqualifying private interest, the case raises issues of public importance, and it is just that the Trust should not recover costs against the applicant or the Legal Services Commission.

Parties
Applicant/respondent: Weaver; Respondent/appellant: London Quadrant Housing Trust
Jurisdiction
England and Wales
Judgment Date
17 February 2009
Procedural Posture
Civil Appeal / Application for Protective Costs Order (pco) on Appeal
Outcome
Application granted
Legal Topics
Protective Costs Orders, Judicial Review, Public Authority Under Human Rights Act, Legal Aid
Civil Procedure Human Rights Law Housing Law Protective Costs Orders Judicial Review Public Authority Under Human Rights Act Legal Aid

Case Brief

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Parties

Weaver

Applicant/respondent

London Quadrant Housing Trust

Respondent/appellant

Procedural Posture

Civil Appeal / Application for Protective Costs Order (pco) on Appeal

Legal Issues

  1. 1 Whether a protective costs order should be granted to the respondent on appeal
  2. 2 Whether the applicant/respondent has a private interest precluding a PCO
  3. 3 Whether the Corner House principles apply where the applicant is the respondent

Ratio Decidendi

The criteria for granting a protective costs order are satisfied even though the applicant is the respondent to the appeal. The applicant's interest is not a disqualifying private interest, the case raises issues of public importance, and it is just that the Trust should not recover costs against the applicant or the Legal Services Commission.

Court Disposition

Application granted

Orders

  • The Trust shall not recover any costs in the appeal against either the respondent or the Legal Services Commission.