In our last edition we noted the uncertainty as to whether the Jackson reform mechanism for costs budgets applied in judicial review proceedings. The view we expressed there was that the costs budgeting provisions probably did not apply to judicial review claims.
The President of the QBD has very recently given his view on the issue, indicating that the costs management provisions do not apply unless the court otherwise orders; the reasons for this being that case management hearings are not needed in the overriding majority of claims issued in the Administrative Court, and the rules governing judicial review claims do not envisage such hearings.
Thus far there has only been an informal statement of this view by the President of the QBD. No formal Court guidance has been issued. However it is now expected the Administrative Court will follow this approach.
As will be apparent from our previous edition, we regard this as the correct answer. The result will also be welcome to most judicial review practitioners, the great majority of whom did not regard costs budgeting as a positive step for judicial review claims.