Bedi, R (on the application of) v London Borough of Hounslow

Permission for judicial review should be refused where the claimant’s complaint is not a public law claim. If pursued, the matter should be brought as an ordinary civil claim. A claimant who does not succeed is not entitled to recover costs merely because he or she is litigant in person, although the court may decline to order payment of the defendant’s costs.

The claimant applied for judicial review against the London Borough of Hounslow. The defendant did not attend and was not represented. The court considered whether the claim was properly brought as a public law claim and whether the claimant, having been refused permission, was entitled to recover costs as a litigant in person.

1. Permission refused. Mr Justice Collins stated that the matter was clearly not a public law claim. If the claimant wished to pursue it, he should do so by an ordinary civil claim.
2. The claimant had not succeeded and therefore was not entitled to an award of costs merely because he was acting in person. Court fees were irrecoverable.
3. No order was made requiring the claimant to pay the defendant’s costs. The court noted that costs might technically have been sought for producing an acknowledgment of service, but would likely have been treated sympathetically in any event.