Roberts, R (on the application of) v Welsh Ministers

The court may decline to grant quashing relief even where a claimant succeeds on significant issues. The outcome depends on the judgment’s substantive findings and the appropriateness of relief in the circumstances. Where both parties have succeeded on important issues, the court may make no order as to costs.

This was a judicial review claim brought by Roberts against the Welsh Ministers. The judgment records that the claimant had established that the process by which a popularity issue was determined was incorrect, while the Welsh Ministers and an interested party had successfully defended an important issue concerning their policy. The court therefore addressed whether the challenged decision should be quashed, the appropriate costs order, and the route and time for any application for permission to appeal.

1. The court declined to quash the decision. The judge considered whether to allow further time for the claimant to elaborate issues relevant to quashing, but decided that this was unnecessary and inappropriate in the circumstances ([2011] EWHC 3571 (Admin), paras 1–3).
2. The claimant succeeded in establishing that the process by which the popularity issue was determined was not correct. The Welsh Ministers and the interested party succeeded on an important issue in defending the policy. The court treated both sides as having won on important issues.
3. The appropriate order was no order as to costs. The judge regarded this as a case in which neither party should receive a costs order, notwithstanding the claimant’s substantive success on certain issues (paras 18–25).
4. Any application for permission to appeal was to be made directly to the Court of Appeal. The judge directed that it should be properly formulated and lodged by 4 pm on 13 January 2012, with the addendum and sealed order to be distributed separately (paras 26–33, 67–76).

This was a first-instance judicial review decision. The judgment directed that any application for permission to appeal should be made directly to the Court of Appeal by 4 pm on 13 January 2012.