B v London Borough of Hackney

[2009] EWHC 765 (Admin)

Case details

Case citations
[2009] EWHC 765 (Admin)
Court
High Court (Administrative Court)
Judgment date
23 March 2009
Judgment text

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Subjects
Administrative Civil procedure Costs
Keywords
judicial review academic claim withdrawal indemnity costs standard basis costs detailed assessment publicly funded costs
Outcome
claim withdrawn; costs awarded on the standard basis
Judicial consideration

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Summary

Where judicial review proceedings have become academic and the parties have settled the substantive dispute, the court may permit withdrawal and determine the consequential costs issue. An indemnity costs order requires more than ordinary disagreement about correspondence or the handling of costs. In the absence of conduct justifying indemnity costs, the appropriate order is costs on the standard basis, subject to detailed assessment if not agreed.

Factual background

The substantive judicial review proceedings between B and the London Borough of Hackney had been settled in every respect except costs. The claimant sought permission to withdraw the now-academic claim and applied for costs on an indemnity basis. The defendant accepted liability for costs but contended that they should be assessed on the standard basis.

Held

  1. The claimant was permitted to withdraw the judicial review claim because it had become academic.
  2. The defendant was liable for the claimant’s costs, but the circumstances did not justify an indemnity costs order. The claimant’s complaints about the defendant’s handling of correspondence and the costs claim did not establish conduct sufficiently unreasonable to warrant that basis of assessment.
  3. The defendant was ordered to pay the claimant’s costs on the standard basis, to be assessed if not agreed.
  4. Detailed assessment of the claimant’s publicly funded costs was permitted.

The court’s approach to earlier authorities

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Appellate history

First-instance proceedings. The substantive claim was settled before the costs hearing and was then permitted to be withdrawn as academic.

Key cases cited

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Cases citing this case

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