Cockburn, R (on the application of) v Secretary of State for Health

On consequential matters following dismissal of a judicial review claim, the court may reduce a successful defendant’s recoverable costs where the litigation raises a matter of public importance and the circumstances make full recovery unjust. Permission to appeal should be refused where the proposed appeal has no real prospect of success and no compelling reason exists for it to be heard. The court may extend the time for an application to the Court of Appeal under CPR 52.4.

The court had previously handed down judgment dismissing the claimant’s claim. By consent order, it directed written submissions on consequential matters. The issues were the appropriate costs order and the claimant’s application for permission to appeal. The claimant accepted that the defendant was entitled to most of his costs but disputed recovery of costs relating to the limitation issue. The defendant accepted that the claim raised a matter of public importance.

1. Costs. The defendant was entitled to recover the majority of his costs. In light of the public importance of the claim and all the circumstances, it would be unjust to allow full recovery. A reduction of ten per cent was reasonable. The claimant was therefore ordered to pay ninety per cent of the defendant’s costs, subject to detailed assessment if not agreed.
2. Permission to appeal. The court concluded that an appeal had no real prospect of success. The possible impact of the decision on other public sector pension schemes did not constitute a compelling reason why an appeal should be heard. Permission to appeal was refused.
3. Extension of time. The time for the claimant to seek permission from the Court of Appeal was extended by 21 days from the date of the order, in accordance with CPR 52.4.

The judgment records that the court had previously dismissed the claim in a judgment handed down on 29 July 2011. This judgment determined consequential matters by consent order. It refused permission to appeal and extended the time for an application to the Court of Appeal by 21 days from the date of the order.