Ewing v Office of the Deputy Prime Minister & Anor [2005] EWCA Civ 1583 (20 December 2005)

Ewing v Office of the Deputy Prime Minister & Anor [2005] EWCA Civ 1583 (20 December 2005)

A costs order can be made against a vexatious litigant who is the real party behind judicial review proceedings, even if leave under section 42 was not obtained prior to issue, where the litigant has caused costs to be incurred by interested parties at the permission stage; the Mount Cook principles apply to acknowledgments of service costs in such circumstances.

Citation
[2005] EWCA Civ 1583
Parties
Claimant/appellant: Terence Patrick Ewing; Defendant/respondent: Office of the Deputy Prime Minister; First Interested Party: Royal British Legion; Second Interested Party: Pegasus Homes; Claimant: Keith Vernon Hammerton; Interested Party: Dorchester Land Ltd; Advocate to the Court: Charles Bourne
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Appeal From Administrative Court (judicial Review) / Appeal Against Costs Order at Permission Stage
Outcome
Appeal dismissed
Legal Topics
Vexatious Litigants, Costs at Permission Stage, Standing in Judicial Review, Section 42 Supreme Court Act 1981, CPR Part 54, Mount Cook Principles
Civil Procedure Judicial Review Planning Law Vexatious Litigants Costs at Permission Stage Standing in Judicial Review Section 42 Supreme Court Act 1981 CPR Part 54 +1 more

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Parties

Terence Patrick Ewing

Claimant/appellant

Office of the Deputy Prime Minister

Defendant/respondent

Royal British Legion

First Interested Party

Pegasus Homes

Second Interested Party

Keith Vernon Hammerton

Claimant

Dorchester Land Ltd

Interested Party

Charles Bourne

Advocate to the Court

Procedural Posture

Appeal From Administrative Court (judicial Review) / Appeal Against Costs Order at Permission Stage

Legal Issues

  1. 1 Whether a costs order can be made against a vexatious litigant at the permission stage of judicial review where leave under section 42 was not obtained prior to issue
  2. 2 Whether the claimant was a 'real party' for costs purposes despite procedural irregularities
  3. 3 Proper approach to costs for acknowledgments of service under CPR 54.8

Ratio Decidendi

A costs order can be made against a vexatious litigant who is the real party behind judicial review proceedings, even if leave under section 42 was not obtained prior to issue, where the litigant has caused costs to be incurred by interested parties at the permission stage; the Mount Cook principles apply to acknowledgments of service costs in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Costs order against Mr Ewing and Mr Hammerton (joint and several liability) for RBL's costs of acknowledgment of service, to be assessed.