News
Radical departure from the “Corner House” rules governing protective costs orders
DATE: 08 Sep 2010R(Garner) v Elmbridge BC and others [2010] EWCA Civ 1006.
The transcript of a judgment delivered on the 29th July 2010 by the Court of Appeal has just become available. The decision marks a radical departure from the “Corner House” rules governing protective costs orders in cases where Article 10a of the EIA Directive is in play, and will make it very significantly easier to obtain PCOs in such cases. In particular, the court accepted that the costs of a two day judicial review were likely to be “prohibitively expensive” and that detailed evidence of means of the individual claimant concerned might not be necessary.
Click here to see the case summary and here to view the full judgment.
Richard Drabble QC (with David Wolfe) appeared for Mr Garner at the hearing; David Smith prepared the large part of the pleadings and skeleton argument.
