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Procedure: Costs

Judicial review consultation

Changes to the costs regime for judicial review proceedings, including greater use of wasted costs orders and possibly scrapping protective costs orders (PCOs), has been proposed by the government. The consultation closes on 1 November 2013.

The consultation seeks views on proposals in a number of key areas:

  • how the courts deal with minor procedural defects that would have made no difference to the final decision;

  • a number of measures to rebalance the system of financial incentives so that those involved have a proportionate interest in the costs of the case;

  • speeding up appeals to the Supreme Court in important cases;

  • a new specialist “planning chamber” for challenges relating to major developments to be taken only by expert judges using streamlined processes.

The potential for reform in these areas is also being explored:

  • the test for standing (who is able to bring a judicial review);

  • local authorities’ abilities to challenge nationally significant infrastructure projects;

  • whether it is appropriate to provide legal aid for certain statutory challenges under the Town and Country Planning Act 1990;

  • the use of JR to resolve disputes relating to the public sector equality duty and whether there are suitable alternatives.

Links for more information

See Consultation Judicial Review: proposals for further reform

Ministerial Statement

For further information please contact Fiona James, Director, Professional Support Lawyer on 0191 233 5220

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.