Administrative Court reopens judicial review costs order and sets it aside

15/04/24

HHJ Jarman, sitting as a judge of the High Court, has reopened a costs award that he made at trial and amended it, to provide that there shall be no order as to costs.

The underlying judicial review claim concerned a decision of the Parole Board not to order an oral hearing. As is usual in such cases, the Board did not play an active role in the judicial review claim to defend its decision. It informed the Court of that approach in correspondence.

The judicial review claim was allowed and the Judge ordered the Board to pay the Claimant’s costs.

On receipt of the judgment and order, the Board took the unusual step of making a prompt application under CPR r. 39.3 to have the order set aside on the grounds that the Board did not appear at the hearing and had a reasonable prospect of successfully having the order set aside. HHJ Jarman heard full argument on the costs point from both parties at a hearing in February 2024.

His judgment, following that hearing, reviews the relevant authorities, sets aside his previous order and provides that there should be no order as to costs. The Board will doubtless rely on his reasoning in future cases.

Tim Johnston appeared for the Parole Board at the hearing of the CPR r. 39.3 application instructed by the Government Legal Department.

The Judgment is here.