Silence as to costs

Practice statement (judicial review: costs) QBD TLR 20 May

CPR rule 44.13 provides that where the court makes an order that does not mention costs, the general rule is that no party is entitled to costs in relation to that order. In judicial review claims it is necessary to obtain permission to proceed and it has sometimes been suggested that a successful claimant could not recover the costs of obtaining permission unless the court had made a specific order. It has never been the practice in the Administrative Court or its predecessor, the Crown Office, to make any costs order in granting permission because it was assumed that those costs would be costs in the case. To avoid any argument, a grant of permission to pursue a claim for judicial review, whether made on paper or after oral argument, would be deemed to contain an order that costs be costs in the case. Any different order made by the judge must be reflected in the court order granting permission.