The duty of candour and an award of indemnity costs on judicial review

rcj at dusk

In this short judgment on costs following a successful judicial review of a District Judge’s failure to dismiss summonses for offences of fraud, the High Court awarded costs to the Claimants on the indemnity basis to reflect the interested party’s breach of its duty of candour in the Magistrates’ Court and a “deliberate non-disclosure of an obviously relevant document” in the course of the judicial review itself.

KAY, R (ON THE APPLICATION OF) v SCAN-THORS (UK) LTD & ANOR (COSTS) [2018] EWHC 2842 (ADMIN)