The Criminal Justice and Courts Act 2015 was royally assented last week, having been introduced to parliament in February 2014. This means that any organisation intervening as a third party in a judicial review proceeding might have to pay the costs of other parties involved because of their intervention.

Melanie Carter, a partner at the law firm Bates Wells Braithwaite, said; "this is likely to deter organisations with specialist knowledge, often charities, from assisting the court for fear of facing significant costs orders." Her fundamental objection to this clause is that it would "in some cases require the court to condone a public body’s unlawful action".

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Melanie Carter

Partner and Head of Public & Regulatory

+44(0)20 7551 7615

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Posted on 18/02/2015 in BWB In The Media

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