McGinty & Anor, Re Judicial Review [2010] ScotCS CSOH_5 (20 January 2010)

McGinty & Anor, Re Judicial Review [2010] ScotCS CSOH_5 (20 January 2010)

The criteria for granting a protective and restricted expenses order were satisfied: the case is of public importance, the petitioner has no private interest, his financial resources are limited, and without the order he would reasonably discontinue the proceedings. However, it is equitable to cap the petitioner's liability for respondent's expenses at £30,000 if unsuccessful, and to limit the petitioner's recoverable expenses to those of a solicitor and one senior counsel if successful.

Citation
[2010] ScotCS CSOH_5
Parties
Petitioner: Marco McGinty; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
20 January 2010
Procedural Posture
Judicial Review / First Hearing; Application for Protective and Restricted Expenses Order
Outcome
Protective and restricted expenses order granted with specified caps; case continued for further hearing.
Legal Topics
Protective Costs Orders, Judicial Review, National Planning Framework, Public Interest Litigation
Administrative Law Environmental Law Civil Procedure Protective Costs Orders Judicial Review National Planning Framework Public Interest Litigation

Case Brief

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Parties

Marco McGinty

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / First Hearing; Application for Protective and Restricted Expenses Order

Legal Issues

  1. 1 Whether the petitioner is entitled to a protective and restricted expenses order in judicial review proceedings concerning a national development designation.

Ratio Decidendi

The criteria for granting a protective and restricted expenses order were satisfied: the case is of public importance, the petitioner has no private interest, his financial resources are limited, and without the order he would reasonably discontinue the proceedings. However, it is equitable to cap the petitioner's liability for respondent's expenses at £30,000 if unsuccessful, and to limit the petitioner's recoverable expenses to those of a solicitor and one senior counsel if successful.

Court Disposition

Protective and restricted expenses order granted with specified caps; case continued for further hearing.

Orders

  • Petitioner's liability for respondent's expenses capped at £30,000 if unsuccessful.
  • Petitioner's recoverable expenses, if successful, limited to those of a solicitor and one senior counsel acting without a junior.