QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF PUBLIC INTEREST LAWYERS LTD||Claimant|
|LEGAL SERVICES COMMISSION||Defendant|
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Mr Paul Nicholls (instructed by Treasury Solicitor) appeared on behalf of the Defendant
The Intervenor appeared in person (Miss Rheian Davies)
Crown Copyright ©
MR JUSTICE CRANSTON:
Protective Costs Order
"74 We would therefore restate the governing principles in these terms:
1 A protective costs order may be made at any stage of the proceedings, on such conditions as the court thinks fit, provided that the court is satisfied that:
i) The issues raised are of general public importance;
ii) The public interest requires that those issues should be resolved;
iii) The applicant has no private interest in the outcome of the case;
iv) Having regard to the financial resources of the applicant and the respondent(s) and to the amount of costs that are likely to be involved it is fair and just to make the order;
v) If the order is not made the applicant will probably discontinue the proceedings and will be acting reasonably in so doing.
2 If those acting for the applicant are doing so pro bono this will be likely to enhance the merits of the application for a PCO.
3 It is for the court, in its discretion, to decide whether it is fair and just to make the order in the light of the considerations set out above."
"I would not for a moment suggest that the limits ..... of each party must necessarily be the same. The limits should properly reflect the disparity of resources but it does seem to me that the offering of £35,000 suggests that the respondent's liability ..... on success is fair and proportionate."
I think that was in the context of a much lower cap.