Costs Immunity on Joinder of Party

Regina v Secretary of State for the Environment, Transport and the Regions ex parte O’Byrne (QBD TLR 12 November)

In a judicial review application concerning property worth less than £100,000 the court granted the application of Croydon LBC to be joined as second respondent to the application on terms that the applicant, if unsuccessful, would not be liable for the second respondent’s costs. The order was pursuant to the overriding objectives of the Civil Procedure Rules which include trying to ensure the parties are on an equal footing, saving expense and dealing with the case in ways which are proportionate. The thrust of the new reforms was that persons should be able to enter into litigation knowing at least to some extent, the amount of costs that would be involved should they lose.