Is there any way we can find out the Government's costs in a Judicial Review?

[The Large One]

It's hypothetical at present because Lewes District Council haven't lodged their 'appeal', therefore we don't know what would be contested in court.

However, a letter from a Falmer resident in the Argus is saying that the costs will be 'less than half' of what the Argus is reporting. Side question: HOW WOULD HE KNOW? On the presumption that the Argus is quoting six-figures fees (£100,000?), they are estimating it will be £50,000. If the fees are split 50/50, both Lewes and the Government will be pitching in about £25,000 each.

But presumably the Government's solicitors and barristers would be a damn site more expensive than anything Lewes can afford. So, is there any way we can find out the Government's solicitors' costs in a Judicial Review?

 

[Gwylan]

Presumably the costs will also depend on what happens. For example, if by some miracle, LDC win, then they'll have to fund an appeal, as the government will certainly take it further. And if it goes to the House of Lords, then LDC would have to pay even more.

 

[Gazwag]

I have found something which suggests in 2000 the costs of attempting a judicial review was between £5,000 to £7,500 which was turned down, therefore it may not actually cost that much to attempt one, the major costs will be if a judical review is granted.

see here

 

[y2dave]

25k is probably based on it being thrown out at the first obstacle. A huge waste and the longer the review runs the greater the cost.

 

[Gazwag]

Also

see here

About two thirds on the way down it suggests a full judicial review would cost between £10,000 - £15,000 per party


No sight of the 2 million costs

 

[The Large One]

 

[Tooting Gull]

Surely the best way to get those living there to pressure LDC into ditching this hare-brained scheme is to come up with an estimate of the minimum and maximum financial exposure, convert it into stuff they need (Christ knows - bus shelters, roundabouts, street lights...whatever a DC is responsible for).

Basically - you will forego all this, for a challenge that is petty, based more on ego then sound basis and doomed to failure being essentially already lost.

 

[Wardy]

When they reply to my FOI questions we will know how much LDC think it will cost.

 

[The Large One]

When they reply to my FOI questions we will know how much LDC think it will cost.

The thing is, Simon Barnes (that Falmer resident) already seems to know what they think it will cost. And it's 'less than half' of what the Arsegas reported.

Should be interesting when that figure comes out.

 

[Lady Bracknell]

Actually, I have a cunning plan about how to find out what the Government's costs might be. But it's still at the cunning stage so I'll report back.

 

[Lord Bracknell]

Let's ask another Council that decided last year NOT to mount a Judicial Review against the ODPM on the grounds that "it would be irresponsible to spend taxpayers’ money on a legal challenge that is virtually certain to fail".

Sound thinking, btw.

From the Solihull Council website:-

http://www.solihull.gov.uk/wwwce/asps/article.asp?id=477

Cabinet decides against judicial review on Second Runway

From Councillor Ian Hillas, Deputy Leader of the Council on 19 January 2004

Solihull Council’s cabinet has decided not to take the Government to judicial review on its proposal to support the building of a second runway at Birmingham Airport.

The proposal was contained in the Government’s White Paper on the future of air transport.

In November 2002, Solihull Council’s stated that the case for a second runway did not justify the deterioration in the quality of life that would be suffered by Solihull residents. They also stated that any development should be made through local negotiations, on an incremental basis, in accordance with negotiated masterplan, UDP policy and balanced measures.

At a meeting held in private on Thursday 15 January, members considered their response to the Government’s White Paper, and whether a legal challenge would be possible.

They considered legal advice from leading counsel that advised that the Council was unlikely to succeed on any legal challenge by way of a judicial review.

Members also discussed the likely cost of a judicial review, which initially could cost the Council £50,000, and could possibly increase significantly.

Cllr Ian Hillas, Deputy Leader of Solihull Council, who is leading on matters relating to the airport, said: “We are very disappointed that the Government has not taken on board the Council’s response to the proposals detailed in the White Paper. However, we believe it would be irresponsible to spend taxpayers’ money on a legal challenge that is virtually certain to fail. We feel that we now need to work closely with Birmingham International Airport and other relevant parties to minimise the impact a second runway would have on the borough’s residents. We will press them to deal fairly with residents and end the uncertainty felt by those who may be affected by blight.”

 

[Lord Bracknell]

That says to me that it is perfectly reasonable for us to be arguing that the costs are likely to be £50,000 initially and significantly more at the end of a lost case.

Shall we say £150,000 is at risk?

 

[Tooting Gull]

The killer quote from Cllr Ian Hillas: "However, we believe it would be irresponsible to spend taxpayers’ money on a legal challenge that is virtually certain to fail. We feel that we now need to work closely with Birmingham International Airport and other relevant parties to minimise the impact a second runway would have on the borough’s residents."

That is spot on from Lord B, exactly LDC's weak point. They have financial responsibilities as councillors, and pursuing this any further is a gross dereliction of that duty - as Solihull realised.

 

[perseus]

The Argus said upwards of £100K

See:

http://www.publications.parliament.uk/pa/cm200304/cmhansrd/vo040719/text/40719w01.htm

This would seem to be the minimum if it goes to Court. If an Appeal is made against the decision the costs may spiral in excess of £250K.

Best I could find.