REUTERS | David W Cerny

When claimants bring a public-spirited judicial review, should they be exposed to open-ended adverse costs exposure? That was the question at stake in the recent High Court decision in Stephen Hawking and others v Secretary Of State for Health & Social Care and National Health Service Commissioning Board. Continue reading

REUTERS | Issei Kato

In Davies v HIS Energy, Morris J considered whether in a case where the first action had been struck out, a second action would be an abuse of process. The comprehensive guidance provided is welcome as this question had gone unanswered by the higher courts since the Jackson reforms introduced the more stringent relief from sanctions test. Continue reading