His Majesty's Attorney General for England and Wales v British Broadcasting Corporation (Costs) [2022] EWHC 2925 (KB) (18 November 2022)

His Majesty's Attorney General for England and Wales v British Broadcasting Corporation (Costs) [2022] EWHC 2925 (KB) (18 November 2022)

Neither party was wholly successful; the Attorney General's success depended substantially on closed material unavailable to the BBC, making it unfair to award costs against the BBC. The fairest outcome is that each party bears its own costs.

Citation
[2022] EWHC 2925 (KB)
Parties
Claimant: HIS MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES; Defendant: BRITISH BROADCASTING CORPORATION
Jurisdiction
England and Wales
Judgment Date
18 November 2022
Procedural Posture
Claim for Injunction (media Law, National Security) / Final Judgment on Costs After Substantive Hearings and Consent Order
Outcome
No order as to costs; each party to bear its own costs.
Legal Topics
Injunctions, Closed Material Procedure, Costs Orders, Open Justice, Freedom of Expression
Media Law National Security Law Civil Procedure Injunctions Closed Material Procedure Costs Orders Open Justice Freedom of Expression

Case Brief

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Parties

HIS MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES

Claimant

BRITISH BROADCASTING CORPORATION

Defendant

Procedural Posture

Claim for Injunction (media Law, National Security) / Final Judgment on Costs After Substantive Hearings and Consent Order

Legal Issues

  1. 1 Whether costs should follow the event in a claim involving closed material procedure
  2. 2 Whether either party was the successful party for the purposes of CPR 44.2(2)(a)
  3. 3 Appropriateness of issue-based costs orders in complex litigation involving open and closed material

Ratio Decidendi

Neither party was wholly successful; the Attorney General's success depended substantially on closed material unavailable to the BBC, making it unfair to award costs against the BBC. The fairest outcome is that each party bears its own costs.

Court Disposition

No order as to costs; each party to bear its own costs.

Orders

  • No order as to costs.