R (Corner House Research) v. Secretary of State for Trade and Industry [2005] EWCA Civ 192

The Court of Appeal [2005] EWCA Civ 192 gave judgment on an application by Corner House Research (an NGO) for a protective costs order. It set out guidelines for the approach that courts should take to such applications in public law cases, including guidance on the practicalities of making the application as well as the principles on which order should be made. The judgment firmly establishes the jurisdiction and utility of protective costs orders, and significantly liberalises the approach taken by Dyson J in R v Lord Chancellor, ex parte CPAG 1999 1 WLR 347. Richard Drabble QC appeared for the Public Law Project as intervener.