Leach, Re Application by the Commissioner for Administration [2001] EWHC Admin 455 (15 June 2001)

Leach, Re Application by the Commissioner for Administration [2001] EWHC Admin 455 (15 June 2001)

A successful defendant in a judicial review who incurs costs in submitting an acknowledgement of service as required by CPR Part 54 is entitled in principle to recover those reasonable costs from the claimant, including costs of the application for costs, subject to assessment of the amount.

Citation
[2001] EWHC Admin 455
Parties
Claimant: Leach; Defendant: Commissioner for Administration
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Judicial Review / Application for Costs Following Refusal of Permission for Judicial Review
Outcome
Application for costs granted in principle to the defendant.
Legal Topics
Costs in Judicial Review, Acknowledgement of Service, Civil Procedure Rules Part 54
Civil Procedure Administrative Law Costs in Judicial Review Acknowledgement of Service Civil Procedure Rules Part 54

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Parties

Leach

Claimant

Commissioner for Administration

Defendant

Procedural Posture

Judicial Review / Application for Costs Following Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether a successful defendant is entitled to recover costs incurred in submitting an acknowledgement of service under CPR Part 54 after refusal of permission for judicial review

Ratio Decidendi

A successful defendant in a judicial review who incurs costs in submitting an acknowledgement of service as required by CPR Part 54 is entitled in principle to recover those reasonable costs from the claimant, including costs of the application for costs, subject to assessment of the amount.

Court Disposition

Application for costs granted in principle to the defendant.

Orders

  • Claimant to pay the reasonable costs incurred by the defendant in and about the submission of the acknowledgement of service and the application for costs, subject to assessment of the amount.