Case K (No 2), Re Human Fertilisation and Embryology Act 2008

Case K (No 2), Re Human Fertilisation and Embryology Act 2008

X was completely successful against the local authority, whose Registrar erred in law; none of the arguments advanced justified departing from the general rule that the successful party should recover costs.

Parties
Claimant: X; Defendant: Local Authority; Interested Party: Registrar General
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Judicial Review / Costs Determination
Outcome
Costs awarded to claimant; Registrar General to reimburse local authority half of costs paid to claimant.
Legal Topics
Costs, Judicial Review, Registration of Births, Statutory Interpretation
Administrative Law Family Law Costs Judicial Review Registration of Births Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

X

Claimant

Local Authority

Defendant

Registrar General

Interested Party

Procedural Posture

Judicial Review / Costs Determination

Legal Issues

  1. 1 Entitlement to costs following successful judicial review
  2. 2 Responsibility for costs between local authority and Registrar General

Ratio Decidendi

X was completely successful against the local authority, whose Registrar erred in law; none of the arguments advanced justified departing from the general rule that the successful party should recover costs.

Court Disposition

Costs awarded to claimant; Registrar General to reimburse local authority half of costs paid to claimant.

Orders

  • Local authority to pay X's costs of judicial review proceedings, summarily assessed at £16,510.12.
  • Registrar General to reimburse local authority £8,255.06, being half of the costs paid to X.