Mear, R (on the application of) v Cambridgeshire County Council

Permission to withdraw judicial review proceedings may be granted subject to an order for the defendant’s costs. An exceptional case may require costs against the claimants where the claim form materially fails to disclose relevant litigation history, procedural background or an available statutory remedy, particularly where interim relief is sought. The court may assess costs summarily and adopt a proportionate figure where the costs claimed are incurred but appear excessive. Costs may properly include both the preparation of an acknowledgment of service and the defendant’s subsequent attendance.

The claimants challenged proposed orders concerning footpaths and bridleways and sought interim injunctive relief. An injunction was granted ex parte by Rafferty J, but Hooper J later refused an injunction and ordered costs of that hearing against the claimants. The claimants subsequently sought permission to withdraw the judicial review application. The remaining issue was whether withdrawal should be permitted without requiring payment of the defendant’s further costs, including the costs of preparing the acknowledgment of service and attending the hearing.

1. Permission to withdraw the application for permission to apply for judicial review was granted.

2. The claimants were ordered to pay the defendant’s costs. The court regarded the case as exceptional because the claim form materially failed to disclose relevant litigation history, a court order and the existence of an available statutory route of challenge to the Secretary of State. Those omissions were particularly significant because the claim sought injunctive relief to restrain publicity concerning proposed orders which would themselves be subject to objection through that statutory route.

3. The court was also seriously concerned that, after Hooper J had directed an oral hearing, the claimants made an ex parte application to another judge for immediate interim relief.

4. The earlier costs order relating to the hearing before Hooper J did not cover the separate costs of preparing the acknowledgment of service. In principle, the defendant was entitled to recover both those preparation costs and the costs of its attendance at the present hearing.

5. Applying a proportionate approach, the costs were summarily assessed at £3,500 for preparing the acknowledgment of service and £750 for the defendant’s appearance, totalling £4,250.

Not stated in the judgment.