Watson v Police Misconduct Panel (Re Costs) [2022] NIKB 39 (28 October 2022)

Watson v Police Misconduct Panel (Re Costs) [2022] NIKB 39 (28 October 2022)

The applicant was unsuccessful in his application and there is no sufficient reason to depart from the normal rule that costs follow the event; the respondent is entitled to an order for costs against the applicant.

Citation
[2022] NIKB 39
Parties
Applicant: Gareth Watson; Respondent: Police Misconduct Panel; Intervener: Professional Standards Department
Jurisdiction
Northern Ireland
Judgment Date
28 October 2022
Procedural Posture
Judicial Review / Ruling on Costs
Outcome
Applicant to pay respondent’s costs; no order as to costs for intervener.
Legal Topics
Costs in Judicial Review, Police Misconduct, Jurisdiction of Misconduct Panels
Administrative Law Police Law Costs in Judicial Review Police Misconduct Jurisdiction of Misconduct Panels

Case Brief

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Parties

Gareth Watson

Applicant

Police Misconduct Panel

Respondent

Professional Standards Department

Intervener

Procedural Posture

Judicial Review / Ruling on Costs

Legal Issues

  1. 1 Whether the usual order that costs follow the event should apply in a judicial review raising novel points of law
  2. 2 Whether costs should be awarded against the applicant
  3. 3 Whether costs should be awarded in favour of or against the intervener

Ratio Decidendi

The applicant was unsuccessful in his application and there is no sufficient reason to depart from the normal rule that costs follow the event; the respondent is entitled to an order for costs against the applicant.

Court Disposition

Applicant to pay respondent’s costs; no order as to costs for intervener.

Orders

  • Applicant shall pay the respondent’s costs with those costs to be taxed in default of agreement.
  • No order in relation to the costs of the intervener.