The All-Party Parliamentary Group on Fair Business Banking, R (on the application of) v The Financial Conduct Authority

The All-Party Parliamentary Group on Fair Business Banking, R (on the application of) v The Financial Conduct Authority

The statutory preconditions for a cost capping order are satisfied: the claim raises issues of general public importance, the public interest requires their resolution, and the applicant would reasonably withdraw absent a CCO. The appropriate mechanism is a reciprocal cap set at 40% of funds raised by the claimant, providing necessary protection without unduly prejudicing the defendant. There is no necessity to require joinder of an individual co-claimant. Extension of time for the defendant's detailed grounds and evidence is justified.

Parties
Claimant: THE ALL-PARTY PARLIAMENTARY GROUP ON FAIR BUSINESS BANKING; Defendant: THE FINANCIAL CONDUCT AUTHORITY
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Interlocutory Application for Cost Capping Order and Related Directions
Outcome
Application for cost capping order granted; application for joinder of individual co-claimant refused; extension of time for defendant's detailed grounds and evidence granted.
Legal Topics
Cost Capping Orders, Judicial Review Procedure, Public Interest Litigation
Administrative Law Civil Procedure Cost Capping Orders Judicial Review Procedure Public Interest Litigation

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Parties

THE ALL-PARTY PARLIAMENTARY GROUP ON FAIR BUSINESS BANKING

Claimant

THE FINANCIAL CONDUCT AUTHORITY

Defendant

Procedural Posture

Judicial Review / Interlocutory Application for Cost Capping Order and Related Directions

Legal Issues

  1. 1 Whether the criteria for a cost capping order (CCO) under the Criminal Justice and Courts Act 2015 are met in this judicial review
  2. 2 Whether the proceedings are 'public interest proceedings' within the statutory meaning
  3. 3 Appropriate terms and mechanism for a reciprocal costs cap

Ratio Decidendi

The statutory preconditions for a cost capping order are satisfied: the claim raises issues of general public importance, the public interest requires their resolution, and the applicant would reasonably withdraw absent a CCO. The appropriate mechanism is a reciprocal cap set at 40% of funds raised by the claimant, providing necessary protection without unduly prejudicing the defendant. There is no necessity to require joinder of an individual co-claimant. Extension of time for the defendant's detailed grounds and evidence is justified.

Court Disposition

Application for cost capping order granted; application for joinder of individual co-claimant refused; extension of time for defendant's detailed grounds and evidence granted.

Orders

  • Reciprocal costs cap set at 40% of funds raised by the claimant, applicable to both parties.
  • Application to require joinder of individual co-claimant refused.