Government Re-Thinks Presumption On Third Party Interveners In Judicial Reviews

In September last year, the Justice Secretary launched a consultation entitled 'Judicial Review: Proposals for further reform' to examine proposals in six areas aimed at reducing the burden of Judicial Review. Having considered the responses, the Government published its response to the consultation earlier this year.

In particular, the Government looked at the approach towards the award of costs against parties who choose to intervene in proceedings and whether it could be strengthened i.e. if a party chooses to make an application to the court rather than being requested by the court to intervene (usually an intervener would ordinarily expect neither to pay nor to receive costs to or from a party). The Government decided that it would introduce a presumption that interveners would be responsible in principle for their own costs and those costs arising to the parties from their intervention.

Judicial review claims often raise wider issues of public interest that go beyond the parties directly involved. For example, many cases affect disadvantaged, vulnerable or marginalised groups whose interests are represented by charities who intervene to provide expert knowledge/information to the court. It is therefore not surprising that the proposed presumption caused significant concern for many charities involved in advocacy work for their beneficiaries. A general presumption that an intervener would be responsible for the increase in costs resulting...