Kerry Underwood

JUDICIAL REVIEW COSTS CAPPING APPLICATION SHOULD HAVE INCLUDED NOTICE OF INHERITANCE

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Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

R (Harvey) v Leighton Linslade Town Council [2019] EWHC 760 (Admin) (15 February 2019)

the High Court held that a claimant in judicial review proceedings should have disclosed a prospective inheritance when applying for a Judicial Review Costs Capping Order .

The High Court limited the claimant’s cost liability to £4,000 in a Judicial Review Costs Capping Order when it gave permission for her claim, concerning the defendant council’s consultation on local market fees, to proceed.

The claimant’s supporting financial information mentioned her Employment and Support Allowance not that her father had recently died and she stood to receive a share of his estate.

The defendant became aware of the legacy shortly before the substantive hearing.

The claimant provided copies of the will and grant of probate to the defendant.

At that time, the defendant’s costs were around £26,000.

The court dismissed the claim and upheld the defendant’s application to set aside the Judicial Review Costs Capping Order.

The High Court accepted that the claimant had acted in good faith and had not deliberately failed to mention the potential inheritance and wanted to avoid costs liability if this would be funded by her inheritance, and if this would have adversely affected her benefits claim.

Citing

R (Corner House Research) v Secretary of State for Trade and Industry [2005] CLR 455,

the High Court said that the term “financial resources” in sections 88 and 89 of the Criminal Justice and Courts Act 2015 included resources “which may not be immediately available at the time of the application and may not be immediately in the applicant’s hands”.

This included the prospective inheritance.

The claimant had failed to give full and frank disclosure in this respect.

The High Court considered that may well have issued a Judicial Review Costs Capping Order even if it had known of the inheritance.

It set aside the Judicial Review Costs Capping Order and made a fresh one for £20,000.

Written by kerryunderwood

June 3, 2019 at 10:33 am

Posted in Uncategorized

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