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The Court of Appeal gave guidance on the correct approach to take to cases that settle in the Administrative Court. In cases where the claimant is wholly successful the position should be no different from ordinary civil litigation and costs should follow the event.
8 May 2012
Court of Appeal (Civil Division)
Lord Neuberger (MR) and Hallett and Stanley Burnton LJJ
(1) Mr M appealed against a decision which made no order for costs in a case where Croydon LBC had conceded the relief which as being sought. The case concerned age assessment proceedings where Croydon LBC eventually conceded that M was born in 1996. However, Linblom J made no order for costs on the basis that the case was not obvious from the outset and made reference to R (Boxall) v Waltham Forest LBC (2001) 4 CCLR 258 and R (Scott) v Hackney LBC  EWCA Civ 217. M argued that the judge had failed to address his primary argument that costs should follow the event and had misdirected himself in refusing to award costs because the outcome was not clear from the outset .
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