Public Interest Lawyers Ltd, R (On the Application Of) v Legal Services Commission

Public Interest Lawyers Ltd, R (On the Application Of) v Legal Services Commission

The balance of convenience is firmly against granting interim relief as successful tenderers and new entrants would suffer significant prejudice, and the claimants can continue work under existing contracts pending the substantive hearing. A protective costs order is appropriate due to the public importance of the issues, but the cap should be set at £100,000 to reflect the financial interests and contributions of supporting firms.

Parties
Claimant: Public Interest Lawyers Ltd; Defendant: Legal Services Commission; Intervenor: Rheian Davies
Jurisdiction
England and Wales
Judgment Date
05 November 2010
Procedural Posture
Judicial Review / Application for Interim Relief and Protective Costs Order
Outcome
Interim relief refused; protective costs order granted
Legal Topics
Interim Relief, Protective Costs Order, Public Contracts, Legal Aid Tendering
Administrative Law Public Procurement Interim Relief Protective Costs Order Public Contracts Legal Aid Tendering

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Parties

Public Interest Lawyers Ltd

Claimant

Legal Services Commission

Defendant

Rheian Davies

Intervenor

Procedural Posture

Judicial Review / Application for Interim Relief and Protective Costs Order

Legal Issues

  1. 1 Whether interim relief should be granted to prevent the defendant from entering into new contracts pending judicial review
  2. 2 Whether a protective costs order should be made and on what terms

Ratio Decidendi

The balance of convenience is firmly against granting interim relief as successful tenderers and new entrants would suffer significant prejudice, and the claimants can continue work under existing contracts pending the substantive hearing. A protective costs order is appropriate due to the public importance of the issues, but the cap should be set at £100,000 to reflect the financial interests and contributions of supporting firms.

Court Disposition

Interim relief refused; protective costs order granted

Orders

  • Application for interim injunction refused
  • Protective costs order granted with a cap of £100,000 on claimants' liability for costs