Judicial Review

Judicial Review proceedings fall into the category of Public Law and is a process whereby the Court examines decisions made by public bodies. The Administrative Court is part of the High Court and can deal with cases about judicial reviews, statutory appeals and extradition. As a general rule, costs can not be recovered if a judicial review case settles in the Pre-Action stage. Legal aid is available for many judicial review cases to facilitate access to justice. Costs in Judicial Review cases may be recovered from the Defendant in the event that the Courts award costs via inter-partes costs orders. The Order will usually state that “the Defendant do pay the Claimant’s costs, to be assessed failing agreement”.  In these types of cases, the agreement with the Legal Aid Agency acts as the retainer in the case (in place of a CFA or private agreement for instance, and entitles the Claimant solicitors to claim their costs from the other side. 

If you would like more information on recovering costs in legal aid matters, have a look at our recent article.

Judicial Review Costs

If the Respondent has failed to respond to your Letter before Action, and proceedings have been issued for permission to proceed to a Judicial Review, in the event that your claim is settled, the Applicant is entitled to recover their legal fees of the proceedings.  As a result, a Bill of Costs will need to be prepared and submitted to the paying party to recover your legal costs and disbursements.