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Case Blog

No green light for Protective Costs Orders in private law cases

The PILS Project are always trying to learn more about how Protective Costs Orders are being applied. A recent High Court decision from England and Wales caught our attention.

Cost Order

In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland)

Shortly after the UK Supreme Court delivered its judgment on 27 February in her application for judicial review, Geraldine Finucane read a statement on the steps of the court:

My family and I have endured three private police investigations, two confidential documentary reviews, secret government negotiations and a long and difficult court case. We have had to overcome obstacles the likes of which no other family has faced…”.

ECHR Art. 2, Local Developments, Right to Life

Andy Wightman MSP and Others v Secretary of State for Exiting the EU [2018] CSIH 62

This is a legal challenge brought by 6 elected representatives and the Good Law Project, of which Jolyon Maugham QC is Director.
The applicants had asked the courts to refer to the Court of Justice of the European Union (CJEU) the question of whether the United Kingdom could revoke unilaterally the notification given under Article 50 of the Treaty on the European Union. In March 2017, this notice was given by the Prime Minister to begin the process of the UK’s withdrawal from the EU.

European Law

In the Matter of an Application by Theresa Jordan for Judicial Review [2018] NICA 34

In this case, the applicants sought to challenge the verdict of a coroner through judicial review.
Pearse Jordan was shot and killed on 25th November 1992 by a member of the Royal Ulster Constabulary. He was 22 years old. The investigation into his death has been the subject of a number of inquests.
The applicant argued that the coroner had failed to discharge his responsibilities by concluding that ‘it is now impossible with the passage of time to say with any certainty what happened on that fateful afternoon’.

Local Developments

Lee v Ashers Baking Company Ltd and Others [2018] UKSC 49

The UK Supreme Court has held that a Belfast bakery refusing to provide a cake to a gay man with the message ‘support same sex marriage’ on it did not discriminate against him on grounds of sexual orientation or political belief.
Sexual Orientation
The Court found that the bakery did not refuse to fulfil the order because of the customer’s actual or perceived sexual orientation. The bakery objected to the message on the cake, not to the personal characteristics of the customer, nor anyone with whom he was associated.

Discrimination, Local Developments