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Evidence, Practice and Procedure: Consent orders and costs guidance from the Court of Appeal

Date:12 JUL 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsEmezie v Secretary of State for the Home Department [2013] EWCA Civ 733 was an appeal allowed against a costs order - ‘no order as to costs' - made by Mostyn J in a judicial review housing case where the housing authority settled a judicial review case after issue by the applicant. Only after issue of proceedings did they fully concede the applicant's claim which had been fully articulated by her solicitors in their pre-action protocol letter and subsequent correspondence. Mostyn J had not it seems been referred to the most recent guidance on costs and judicial review consent orders.

So why is this of any relevance here? It is relevant because of the very clear guidance given on costs alongside consent orders and the court's reference to its earlier M v London Borough of Croydon [2012] EWCA Civ 595 (see Emzie at [3])....

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