Smoke Club Ltd, R (On the Application Of) v Network Rail Infrastructure Ltd

Smoke Club Ltd, R (On the Application Of) v Network Rail Infrastructure Ltd

The specific costs rules for judicial review as set out in Mount Cook override the general rule in CPR 38.6. However, where new material is served after acknowledgment of service requiring further work, and where parts of the claim are hopeless and persisted in, the defendant is entitled to acknowledgment of service costs and one third of subsequent costs.

Parties
Claimant: Smoke Club Limited; Defendant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Judicial Review / Costs Determination Following Notice of Discontinuance After Refusal of Permission on Paper
Outcome
Claimant to pay defendant's costs of acknowledgment of service and one third of subsequent costs, subject to detailed assessment if not agreed.
Legal Topics
Costs on Discontinuance, Permission Stage Costs, Mount Cook Principles, CPR 38.6
Civil Procedure Judicial Review Costs on Discontinuance Permission Stage Costs Mount Cook Principles CPR 38.6

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Parties

Smoke Club Limited

Claimant

Network Rail Infrastructure Limited

Defendant

Procedural Posture

Judicial Review / Costs Determination Following Notice of Discontinuance After Refusal of Permission on Paper

Legal Issues

  1. 1 Whether CPR 38.6 general rule on costs on discontinuance overrides Mount Cook principles in judicial review
  2. 2 Whether the defendant is entitled to costs beyond acknowledgment of service due to hopelessness of claim

Ratio Decidendi

The specific costs rules for judicial review as set out in Mount Cook override the general rule in CPR 38.6. However, where new material is served after acknowledgment of service requiring further work, and where parts of the claim are hopeless and persisted in, the defendant is entitled to acknowledgment of service costs and one third of subsequent costs.

Court Disposition

Claimant to pay defendant's costs of acknowledgment of service and one third of subsequent costs, subject to detailed assessment if not agreed.

Orders

  • Claimant to pay defendant's costs of acknowledgment of service.
  • Claimant to pay one third of defendant's subsequent costs, subject to detailed assessment if not agreed.