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Each party to bear own costs after foreign birth registration judicial review becomes moot
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The High Court determined the legal costs arising from judicial review proceedings brought on behalf of a minor concerning an alleged unreasonable delay in the processing of an application to register a foreign birth. The application became moot when the awaited decision issued shortly after proceedings commenced, but before the leave application could be heard. The court found that there was no evidence the decision was expedited due to the judicial review and, as the applicant did not pursue cross-examination or discovery to challenge this position, both parties were directed to bear their own costs. Additional costs incurred in disputing the costs issue were likewise not recoverable by either side, due to shortcomings in both parties’ conduct.
judicial review – costs – foreign birth registration – mootness – ministerial decision – legal costs – minor applicant – unreasonable delay – data subject access request – affidavit evidence – cross-examination – Rules of the Superior Courts (RSC) – Legal Services Regulation Act 2015 – Carltona principle
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