Judicial review costs budgets (plus general CPR rant)
Discussion
It is not like me to bang on about how crap the law is, but the CPR suck! 67 amendments in 15 years. 8 amendments last year alone. Harry Woolf, you are a total sweetie, but **** off, will ya?
I have an instructing solicitor who is sure that costs budgets now apply to judicial review claims, but Google as I might I cannot confirm this. I have even emailed HHJ Judge Brown QC the Costs Guru asking if he knows (lawyer asks Judge for legal advice - very bad form!).
Do any of my learned friends here know?
PS: My Pupilmaster told me that it is better to say "m'friend" than "m'learned friend", because then you are only lying once!
I have an instructing solicitor who is sure that costs budgets now apply to judicial review claims, but Google as I might I cannot confirm this. I have even emailed HHJ Judge Brown QC the Costs Guru asking if he knows (lawyer asks Judge for legal advice - very bad form!).
Do any of my learned friends here know?
PS: My Pupilmaster told me that it is better to say "m'friend" than "m'learned friend", because then you are only lying once!
What I know about judicial review claims stops at how to spell "judicial review". With that health warning in situ...
3.12 provides that budgeting applies to multi-track claims, and they aren't multi-track claims, are they? A defendant files a response, rather than a defence, so Pt 26.3 (by which the court provisionally allocates to a track) doesn't bite (and coincidentally you wouldn't know what date by which to serve it).
I think.
Do you have a CMC in a JR claim? If not, then there's no fall back date for filing under 3.13 either.
There's also this article: http://www.hardwicke.co.uk/insights/articles/costs... which suggests it is recognised as being up in the air.
However, the real test of nerve is this: do you *really* want to risk not filing one? heheh!
3.12 provides that budgeting applies to multi-track claims, and they aren't multi-track claims, are they? A defendant files a response, rather than a defence, so Pt 26.3 (by which the court provisionally allocates to a track) doesn't bite (and coincidentally you wouldn't know what date by which to serve it).
I think.
Do you have a CMC in a JR claim? If not, then there's no fall back date for filing under 3.13 either.
There's also this article: http://www.hardwicke.co.uk/insights/articles/costs... which suggests it is recognised as being up in the air.
However, the real test of nerve is this: do you *really* want to risk not filing one? heheh!
Yep, but reading the "kill the poor" ranting in NPE is a pretty good downer too.
Here's our esteemed Minister of Justice at a Cabinet Meeting, announcing some policy changes:-
http://www.youtube.com/watch?v=6PQ6335puOc
Here's our esteemed Minister of Justice at a Cabinet Meeting, announcing some policy changes:-
http://www.youtube.com/watch?v=6PQ6335puOc
JR - Judicial review of administrative action. We are talking about claims in the Administrative Court (a division of the High Court) that seek to challenge a decision made by a public body. This is how the law keeps in check unlawful actions by the Government, local authorities, regulators, quangos and so forth. All Governments hate it, and the current Government seeks to curtail it, but that is another subject.
Judicial review is not an appeal system. The claimant has to obtain permission from the court to make the challenge, and must show that the decision complained of was unlawful, unfair or irrational.
Civil litigation in general is subject to a new and quite robust costs management regime, and the parties have to file statements of costs incurred and expected to be incurred early in the proceedings. This far, judicial review claims have not been subject to this regime.
The new costs budget regime is sensible, IMO. We civil practitioners have been running up silly bills for a while.
Judicial review is not an appeal system. The claimant has to obtain permission from the court to make the challenge, and must show that the decision complained of was unlawful, unfair or irrational.
Civil litigation in general is subject to a new and quite robust costs management regime, and the parties have to file statements of costs incurred and expected to be incurred early in the proceedings. This far, judicial review claims have not been subject to this regime.
The new costs budget regime is sensible, IMO. We civil practitioners have been running up silly bills for a while.
JR = Judicial Review. A civil action, usually in the High Court, to challenge a decision made by a public body (such as a local authority).
Costs Budgeting = A new regime introduced to higher value civil claims, in which lawyers for both sides must share and lodge with the court an accurate estimate of costs for the case prior to trial, and update if things change.
Costs Budgeting = A new regime introduced to higher value civil claims, in which lawyers for both sides must share and lodge with the court an accurate estimate of costs for the case prior to trial, and update if things change.
You're welcome. JR is great fun for lawyers because it raises constitutional issues and the relationship between law and policy. The cases rarely involve oral evidence (good! rule one is - call no witnesses, as your own witnesses always shaft you!). JR pays a lot better than crime or family work but a lot less well than commercial work. It's my main area of practice (otherwise I do employment, sports, media and general commercial tarting). My other work pays the bills, but JR is what gets me out of bed.
the short answer is no it doesnt apply and if the administrative court have anything to do with it, it probably never will. I should add that most of the cases (I used) to deal with are now dealt with in the tribunal anyway and not the admin court so the procedures dont apply there anyway (thankfully I dont deal with JRs anymore!)
http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
A Warning to the Curious.
No, not M R James, but this.
Following on from Mitchell etc, a law firm files a CMC checklist and on the same day posts a cheque for the court fee. The directions order said checklist and payment by 4pm 19 December. Checklist filed at 3pm, cheque lost in Xmas post or buried on desk of court officer. 200K claim struck out by DJ this morning (I wasn’t there, but have just had a somewhat agitated sol on the phone).
Application for relief from sanctions, er, in the post.
No, not M R James, but this.
Following on from Mitchell etc, a law firm files a CMC checklist and on the same day posts a cheque for the court fee. The directions order said checklist and payment by 4pm 19 December. Checklist filed at 3pm, cheque lost in Xmas post or buried on desk of court officer. 200K claim struck out by DJ this morning (I wasn’t there, but have just had a somewhat agitated sol on the phone).
Application for relief from sanctions, er, in the post.
princeperch said:
the short answer is no it doesnt apply and if the administrative court have anything to do with it, it probably never will. I should add that most of the cases (I used) to deal with are now dealt with in the tribunal anyway and not the admin court so the procedures dont apply there anyway (thankfully I dont deal with JRs anymore!)
http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
What do you specialise in now?http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
Muncher said:
princeperch said:
the short answer is no it doesnt apply and if the administrative court have anything to do with it, it probably never will. I should add that most of the cases (I used) to deal with are now dealt with in the tribunal anyway and not the admin court so the procedures dont apply there anyway (thankfully I dont deal with JRs anymore!)
http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
What do you specialise in now?http://www.judiciary.gov.uk/Resources/JCO/Document...
this also makes interesting (if scary for those that do proper litigation) reading
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