COST BITES 349 : THE CLAIMANT SHOULD HAVE BEEN GRANTED 100% OF THEIR COSTS: THE SECRETARY OF STATE’S FAILURE TO COMPLY WITH THE PRE-ACTION PROTOCOL WAS A HIGHLY RELEVANT FACTOR

It is rare for the Court of Appeal to overturn a first instance decision as to costs. We see an example of this happening here.  The Upper Tribunal awarded the claimant 75% of his costs of a judicial review application that had settled.  On appeal it was held that 100% of the costs should have been ...