TMC LEGAL | PCSU V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2025] EWCA Civ 1644 скачать в хорошем качестве

TMC LEGAL | PCSU V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2025] EWCA Civ 1644

Costs In Discontinued Judicial Review | When A Change Of Government Breaks The Causal Chain | Where a judicial review becomes academic following a change of government already committed to repealing the challenged legislation, the court may find no causal link between the proceedings and the outcome, precluding costs recovery despite the claimant achieving their substantive objective. The Court of Appeal confirms that causation is a relevant and sometimes decisive factor when determining costs in judicial review claims that become academic. Where the outcome results from extrinsic political reasons rather than the litigation itself, the court may exercise its discretion to make no order as to costs. 🔑 Key Points Obtaining the desired outcome does not automatically entitle a claimant to costs Causation between litigation and outcome is critical under R (M) v Croydon principles as developed by subsequent Court of Appeal authority Political change unconnected to legal proceedings may justify no order as to costs as a matter of discretion Appellate courts will only interfere with costs decisions where the judge erred in principle 📋 Case Summary Case: PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644 Court: Court of Appeal (Civil Division) Judges: Bean LJ, Peter Jackson LJ, Elisabeth Laing LJ Decision: Appeal dismissed; no order as to costs upheld ⚖️ Why This Matters This decision reinforces that in settled judicial review proceedings, simply achieving the relief sought is insufficient for costs recovery. Practitioners must demonstrate that the litigation caused or contributed to the outcome. Where claims become academic due to extrinsic factors such as political change, the court may exercise its discretion to decline costs even to a claimant who obtained what they sought. 🎯 What The Court Decided The claim became academic due to political reasons following a change of government, not because of the judicial review proceedings The Labour Party's pre-election commitment to repeal the 2023 Act meant the outcome would have occurred irrespective of the litigation The minister's description of regulations as "unduly restrictive" reflected political policy, not a concession of legal merit The first-instance judge was entitled to make no order as to costs Causation remains a relevant and sometimes decisive factor in costs decisions following settlement 📚 Topics Covered Judicial review costs after settlement CPR 44.2 successful party determination Causation in public law costs awards R (M) v Croydon LBC principles Academic claims and extrinsic reasons Article 11 ECHR challenges Costs discretion on appeal 💼 Useful For Costs Lawyers | Costs Draftsmen | Public Law Solicitors | Judicial Review Practitioners | Administrative Law Barristers | Trade Union Legal Teams 🔗 Links 📖 Read our full analysis: https://www.tmclegal.co.uk/judicial-r... ⚖️ BAILII Judgment: https://www.bailii.org/ew/cases/EWCA/... 📞 Contact TMC Legal 🌐 Website: https://www.tmclegal.co.uk 📧 Email: office@tmclegal.co.uk 📞 Phone: 01628 526 236 🔔 SUBSCRIBE for regular updates on costs law, civil litigation, and CPR developments Related Cases R (M) v Croydon LBC [2012] EWCA Civ 595 R (Parveen) v Redbridge LBC [2020] EWCA Civ 194 Speciality Produce Ltd v SSTE [2014] EWCA Civ 225 R (RL) v Croydon LBC [2018] EWCA Civ 726 ZN (Afghanistan) v SSHD [2018] EWCA Civ 1059 Related Topics Judicial Review Costs | CPR 44.2 | Successful Party Test | Costs Causation | Public Law Costs | Settlement Costs | Academic Claims | No Order As To Costs ⚠️ Disclaimer: This video is for educational purposes only and does not constitute legal advice. For specific guidance on costs matters, please contact a qualified costs lawyer. © 2025 TMC Legal Limited #JudicialReview #CostsLaw #CPR442 #LegalCosts #PublicLaw #CivilLitigation #CostsLawyer #LawCostsDraftsman #UKLaw #CourtOfAppeal #SuccessfulParty #CostsCausation #SettlementCosts #AdministrativeLaw #LegalUpdate #TMCLegal #CostsDrafting #DetailedAssessment #LitigationCosts #CostsRecovery