Protective Costs Orders in Judicial Review

Protective Costs Orders in Judicial Review

CategorySeminars Archive Author Richard Harwood OBE KC, Kate Grange KC, Parishil Patel KC Date

The seminar is targeted at both those who may be in the position of applying for protective costs orders (including NGOs, pressure or action groups) and those who may be resisting them.  The aim of this seminar is to consider:

  • Principles underlying the making of protective costs orders in public law cases
  • Corner House and subsequent cases
  • The importance of the private interest test and cost capping
  • Forming companies to bring proceedings: use or abuse?
  • Recent developments and the way forward.

Richard Clayton QC has an extensive public law practice acting both for claimants and defendants and has appeared in many important House of Lords and Privy Council cases.  He has been a Visiting Fellow at the Centre for Public Law at Cambridge University since 2001 and has been actively involved in access to justice issues for many years.  He was active on Liberty’s Working Party to facilitate Public Interest Litigation chaired by Maurice Kay LJ which formulated proposals on PCOs now being considered by the Civil Justice Council; and was the Bar Council representative on the Civil Justice Council sub committee which is taking these proposals forward.  Richard is the Chair of the Bar Council Committee on Civil Legal Aid.

Parishil Patel has a wide ranging public law practice which encompasses prisons, mental health, immigration and asylum and human rights law.  He is a member of the Attorney General’s B-panel and has recently appeared on behalf of the Secretary of State in a number of high profile House of Lords cases including R (Stellato) v SSHD (2007) 2 AC 70 (compatibility of recall provisions for long-term prisoners) R (Clift, Hindawi) v SSHD (2007) 1 AC 484 (incompatibility of early release provisions with Article 14).  He also regularly appears on behalf of Claimants in judicial review particularly in the field of mental health and community care law and has experience of medical treatment and social care cases including a high profile right to life case.  Parishil is recommended as leading junior by the Legal 500 2007 for Immigration & Nationality.

Following her appointment to the Attorney General’s B-panel, Kate Grange has acted for the Crown in many public law cases and she has also acted on behalf of the Official Solicitor.  Recently she has become part of the team of Counsel appearing in SIAC/Control Order cases for the Secretary of State.  She has particular expertise in the immigration, prisons, mental health and community care fields and also undertakes local government and human rights work.  She has also conducted a number of incapacity cases involving medical treatment and social care and in this capacity she has been instructed by the Official Solicitor.  Last year she appeared on behalf of the SSHD in the House of Lords case of R (Limbuela) and Others v SSHD (2006) 1AC 396 which considered the scope of Article 3 of the ECHR.

Richard Harwood specialises in public law, planning, environmental and parliamentary law.  He appeared in the House of Lords in Burkett on judicial review timing.  Richard has acted in numerous judicial reviews for claimants, commercial organisations and public authorities.  Several of those recent cases, including his defence of the Royal London Hospital’s redevelopment proposals and the closure of the Bartlet Hospital in Felixstowe, have involved corporate claimants formed shortly before the proceedings were begun. He is a case editor of the Journal of Planning and Environment Law and was a Finalist for the ‘Barrister of the Year’ Award at The Lawyer Awards 2006.

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