Compton, R (on the application of) v Wiltshire Primary Care Trust

Compton, R (on the application of) v Wiltshire Primary Care Trust

A Protective Costs Order is granted, capping the claimant's liability for the defendant's costs at £20,000. The case is of general public importance to the local community but not a test case of national significance. The claimant has no private interest and would discontinue without a PCO. However, the public interest does not justify a nil costs order; the local community can reasonably be expected to contribute to the capped amount. The order balances fairness to both parties and the public interest in the use of public funds.

Parties
Claimant: Val Compton; Defendant: Wiltshire Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
22 April 2008
Procedural Posture
Judicial Review / Application for Protective Costs Order
Outcome
Protective Costs Order granted with cap
Legal Topics
Protective Costs Order, Costs in Public Interest Litigation, Access to Justice
Civil Procedure Judicial Review Protective Costs Order Costs in Public Interest Litigation Access to Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Val Compton

Claimant

Wiltshire Primary Care Trust

Defendant

Procedural Posture

Judicial Review / Application for Protective Costs Order

Legal Issues

  1. 1 Whether a Protective Costs Order (PCO) should be granted to the claimant in judicial review proceedings concerning the closure of a Minor Injuries Unit (MIU)
  2. 2 Whether the issues raised are of general public importance and in the public interest
  3. 3 Whether the claimant has a private interest in the outcome

Ratio Decidendi

A Protective Costs Order is granted, capping the claimant's liability for the defendant's costs at £20,000. The case is of general public importance to the local community but not a test case of national significance. The claimant has no private interest and would discontinue without a PCO. However, the public interest does not justify a nil costs order; the local community can reasonably be expected to contribute to the capped amount. The order balances fairness to both parties and the public interest in the use of public funds.

Court Disposition

Protective Costs Order granted with cap

Orders

  • Claimant not permitted to recover any costs from defendant in the judicial review proceedings CO/8460/2007.
  • Defendant's recoverable costs from claimant capped at £20,000 in the said proceedings.