The Supreme Court Costs Office

No.7 of 2005

Q (Corner House Research) v Secretary of State for Trade and Industry

1 March 2005 

Court of Appeal (Lord Phillips MR, Brooke and Tuckey LJJ)

In a wide ranging and learned judgment the Court of Appeal laid down guidelines for the making of pre-emptive or costs capping orders in public law cases. No figures were ever dealt with by the Court of Appeal because they were handing down judgment at the beginning of March, having decided immediately before Christmas that the Defendant, if successful, should not recover its costs of the judicial review proceedings from the Claimant, and directing that the Claimants costs cap should be determined by the Senior Costs Judge. Before that could happen the substantive proceedings were settled. The principles to be followed were laid down in paragraphs 74 and 76 and the procedure to be followed in paragraphs 78 to 81.