Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
THE HON. MRS JUSTICE NICOLA DAVIES DBE
Between :
THE QUEEN on the application of 1) M.A. (FORMERLY A CHILD BUT NOW OF FULL AGE) 2) N.B. (FORMERLY A CHILD BUT NOW OF FULL AGE) 3) M.B. (FORMERLY A CHILD BUT NOW OF FULL AGE) 4) H.B. (FORMERLY A CHILD BUT NOW OF FULL AGE) 5) B. (FORMERLY A CHILD BUT NOW OF FULL AGE) 6) S.D. (FORMERLY A CHILD BUT NOW OF FULL AGE) 7) G.O. (FORMERLY A CHILD BUT NOW OF FULL AGE) | Claimants |
- and - | |
Independent Adjudicator & Director, HMYOI Ashfield | Defendants |
Secretary of State for Justice | Interested Party |
Ms Phillippa Kaufmann QC & Ms Caoilfhionn Gallagher (instructed by The Howard League for Penal Reform) for the Claimants
Mr Jeremy JohnsonQC (instructed by DWF LLP) for the Second Defendant
Hearing dates: 4 to 6 & 12 December 2012
Judgment On Costs
See Judgment: [2013] EWHC 438 (Admin)
Mrs Justice Nicola Davies:
Written submissions upon costs have been received from the claimants and the defendant. In summary: the claimants seek their full costs, alternatively 75% of their costs; the defendant seeks no order as to costs or an order reflecting success upon specific issues.
My findings are set out in the substantive judgment. In that judgment I refer to the fact that the claimants’ challenges have altered during the course of these proceedings. Some of the original grounds were withdrawn. During the trial, further amended forms of relief were submitted to the Court. The defendant had to, and did meet, the changes to the claimants’ case. In considering the issue of costs I take account of the changes in the claimants’ challenge, the claimants’ lengthy final skeleton argument citing numerous authorities upon which there was no disputed issue of law and my findings of fact.
I do not regard the issue as being as simple as identifying one party as having achieved an overall ‘win’. To reflect the matters identified I regard the fair order as being no order as to costs.