White Book

[CYNthesys]

Does anyone have access to the following please: -

Protective Costs Orders are generally dealt with in the notes to the civil procedure 2011 volume 1 at para 48.15.7 (pages 1571 and following)

[charitynjw]

Re: White Book

If a problem, I believe you can access it from libraries.

[SpringerSpaniel]

Re: White Book

I don't have access to it until Friday. You might message Tom Brennan, who probably does.

The following cases may be relevant to your application though:

They are discussed on this site

Ben Jaffey - Blackstone Chambers

• In re appeals by Governing Body of JFS and others [2009] 1 WLR 2353 (Supreme Court)
  Successfully acted for United Synagogue in resisting application for a protective costs order in the Supreme Court. Leading case on the availability of legal aid on appeal.

• R (Compton) v Wiltshire PCT [2009] 1 WLR 1436
  Successfully acted for the Public Law Project in the Court of Appeal as intervener in test case to clarify the law on Protective Costs Orders.

You will need to be able to discuss this, as it is a leading authority.

• R (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600.
  Leading case on protective costs orders in judicial review. The Court of Appeal reformed the rules relating to costs in judicial review cases. Successful challenge to anti-bribery and anti-corruption procedures introduced by the Export Credit Guarantee Department.

This can be distinguished from your case as it is Judicial review, your is not, so it is not automatically applicable

[SpringerSpaniel]

Re: White Book

Also a recent unreported case, commentary by Herbert Smith Solicitors Litigation Dept (not by me!) , lists relevant authorities, whcih are probably a summary of those you should include in your sekeleton and discuss in the oral hearing:

■■ R. (YOUNG) v OXFORD CITY COUNCIL [2012] EWCA Civ 46, January 12, 2012, CA, unrep.
(Richards L.J.)
Protective costs order – application on an appeal
CPR r.44.3, 44.5, 52.10(2)(e) & 54.4. Householder (C) bringing judicial review claim against planning authority (D)
challenging decision granting permission for development of neighbouring land. C contending that D had failed to
take into account the effects of noise and to have regard to relevant planning policies, and that the grant of permission
was unlawful for those and other reasons. High Court granting a protective costs order with a cap of £7,500 on C’s
liability for costs and a reciprocal cap of £18,000 on the costs of D and interested parties. High Court judge dismissing
claim. Single lord justice granting C permission to appeal. C, acting in person, applying for a full protective costs
order, leaving him with no liability in respect of the costs of the appeal. Held, dismissing the application, (1) the fact
that the single lord justice had declined to make a protective costs in the limited form then requested in C’s notice
of appeal did not preclude the Court from entertaining C’s application, (2) C had failed to establish that the issues
he wished to raise on appeal were of general public importance and needed to be resolved in the public interest.
Principles governing protective costs orders explained and applied. R. (Corner House Research) v Secretary of State
for Trade and Industry, [2005] EWCA Civ 192, [2005] 1 W.L.R. 2600, CA, R. (Compton) v Wiltshire Primary Care
Trust (Practice Note) [2008] EWCA Civ 749, [2009] 1 W.L.R. 1346, CA, R. (Buglife) v Thurrock Thames Gateway
Development Corporation [2008] EWCA Civ 1209, [2009] C.P. Rep. 8, CA, R. (Garner) v Elmbridge Borough Council
[2010] EWCA Civ 1006, [2011] 3 All E.R. 418, CA, ref’d to. (See Civil Procedure 2011 Vol.1 paras 48.15.7 & 54.6.3.)

[CYNthesys]

Re: White Book

Been in touch with TB, he doesnt have access to it, so if anyone else can help please.