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

No compelling reason was demonstrated to set aside the Protective Costs Order, as the original judge had full material and arguments before him and the circumstances did not justify intervention.

Parties: Claimant: Mrs Val Compton (on behalf of Community Action for Savernake Hospital); Defendant: Wiltshire Primary Care Trust
Jurisdiction: England and Wales
Judgment Date: 26 November 2007
Procedural Posture: Judicial Review / Application to Set Aside Protective Costs Order
Outcome: Application refused
Legal Topics: Protective Costs Orders, Judicial Review, Costs, Public Consultation, Legitimate Expectation

Civil Procedure Administrative Law Protective Costs Orders Judicial Review Costs Public Consultation Legitimate Expectation

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Parties

Mrs Val Compton (on behalf of Community Action for Savernake Hospital)

Claimant

Wiltshire Primary Care Trust

Defendant

Procedural Posture

Judicial Review / Application to Set Aside Protective Costs Order

Legal Issues

1 Whether there is a compelling reason to set aside a Protective Costs Order
2 Whether the case is of most exceptional circumstances and general public importance

Ratio Decidendi

No compelling reason was demonstrated to set aside the Protective Costs Order, as the original judge had full material and arguments before him and the circumstances did not justify intervention.

Court Disposition

Application refused

Orders

Protective Costs Order remains in force
No variation or revocation of the order