W v London Borough Of Lambeth

The Court of Appeal dismissed the application for a quashing order and made no declaration. The court exercised its costs discretion by making no general costs order and indicating a split approach where each principal party should bear specified costs. The court also refused immediate permission to appeal to the House of Lords but extended interim relief pending a timely petition to the House, conditional on the claimant undertaking to issue such a petition.

The claimant sought a quashing order and declaratory relief in judicial review proceedings against the London Borough of Lambeth. The case was before the Court of Appeal on an application arising from the Administrative Court (Maurice Kay J). The central questions were whether the quashing order and declaration should be granted, how costs should be decided, and whether interim relief should continue pending any further appeal. The court dealt with permission to appeal to the House of Lords and made provision to extend interim relief if the claimant promptly petitions the House.

1. Outcome: The Court dismissed the application for a quashing order and made no declaratory relief. (Per Brooke LJ)
2. The court exercised its discretion on costs by making no general order. It considered the litigation to be of considerable public importance and noted that both sides had partial success. The court indicated that the defendant (Lambeth) should bear their own costs and the Legal Services Commission should bear the claimant's costs without further adjustment.
3. Permission to appeal to the House of Lords was refused at this stage. The court, however, directed that the matter be referred to the House and invited the claimant to petition. The court explained that the House should be given the opportunity to consider this case together with the related petition in the companion matter referred to as 'A'.
4. The court extended interim relief until the hearing of any petition to the House of Lords, and thereafter until disposition if permission to appeal is granted. This extension was conditional on the claimant undertaking to issue the petition promptly.
5. Practical guidance: where a judicial-review application raises matters of public importance and the parties have both won and lost points, the court may (a) refrain from making a declaration while dismissing the substantive relief, (b) adopt a pragmatic costs allocation, and (c) preserve interim measures pending a higher court's consideration, conditional on timely pursuit of appeal remedies.

• Administrative Court (Queen's Bench Division): Decision below (Maurice Kay J). The present judgment is on appeal from that decision.
• Court of Appeal (Civil Division): Dismissed the application for quashing order; refused permission to appeal to the House of Lords but extended interim relief pending a petition to the House.