TMC LEGAL | PCSU V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2025] EWCA Civ 1644

Описание: Costs In Discontinued Judicial Review | When A Change Of Government Breaks The Causal Chain | Where a judicial review becomes academic following a change of government already committed to repealing the challenged legislation, the court may find no causal link between the proceedings and the outcome, precluding costs recovery despite the claimant achieving their substantive objective.

The Court of Appeal confirms that causation is a relevant and sometimes decisive factor when determining costs in judicial review claims that become academic. Where the outcome results from extrinsic political reasons rather than the litigation itself, the court may exercise its discretion to make no order as to costs.

🔑 Key Points
Obtaining the desired outcome does not automatically entitle a claimant to costs
Causation between litigation and outcome is critical under R (M) v Croydon principles as developed by subsequent Court of Appeal authority
Political change unconnected to legal proceedings may justify no order as to costs as a matter of discretion
Appellate courts will only interfere with costs decisions where the judge erred in principle

📋 Case Summary

Case: PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644
Court: Court of Appeal (Civil Division)
Judges: Bean LJ, Peter Jackson LJ, Elisabeth Laing LJ
Decision: Appeal dismissed; no order as to costs upheld

⚖️ Why This Matters
This decision reinforces that in settled judicial review proceedings, simply achieving the relief sought is insufficient for costs recovery. Practitioners must demonstrate that the litigation caused or contributed to the outcome. Where claims become academic due to extrinsic factors such as political change, the court may exercise its discretion to decline costs even to a claimant who obtained what they sought.

🎯 What The Court Decided
The claim became academic due to political reasons following a change of government, not because of the judicial review proceedings
The Labour Party's pre-election commitment to repeal the 2023 Act meant the outcome would have occurred irrespective of the litigation
The minister's description of regulations as "unduly restrictive" reflected political policy, not a concession of legal merit
The first-instance judge was entitled to make no order as to costs
Causation remains a relevant and sometimes decisive factor in costs decisions following settlement

📚 Topics Covered
Judicial review costs after settlement
CPR 44.2 successful party determination
Causation in public law costs awards
R (M) v Croydon LBC principles
Academic claims and extrinsic reasons
Article 11 ECHR challenges
Costs discretion on appeal

💼 Useful For
Costs Lawyers | Costs Draftsmen | Public Law Solicitors | Judicial Review Practitioners | Administrative Law Barristers | Trade Union Legal Teams

🔗 Links
📖 Read our full analysis: https://www.tmclegal.co.uk/judicial-r...
⚖️ BAILII Judgment: https://www.bailii.org/ew/cases/EWCA/...

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Related Cases
R (M) v Croydon LBC [2012] EWCA Civ 595
R (Parveen) v Redbridge LBC [2020] EWCA Civ 194
Speciality Produce Ltd v SSTE [2014] EWCA Civ 225
R (RL) v Croydon LBC [2018] EWCA Civ 726
ZN (Afghanistan) v SSHD [2018] EWCA Civ 1059

Related Topics
Judicial Review Costs | CPR 44.2 | Successful Party Test | Costs Causation | Public Law Costs | Settlement Costs | Academic Claims | No Order As To Costs

⚠️ Disclaimer: This video is for educational purposes only and does not constitute legal advice. For specific guidance on costs matters, please contact a qualified costs lawyer.

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