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Applicants awarded costs in challenge to personal injury compensation guidelines after landmark decision in lead case
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The High Court granted an application for costs to three applicants who had sought judicial review challenging the application of personal injury guidelines to their compensation claims. After leave was granted, their cases were effectively paused to await the outcome of a separate, similar 'lead' case, which resulted in a Supreme Court declaration that the relevant legislative provision was unconstitutional. Although no final relief was granted in the present proceedings, the court concluded that the applicants had acted reasonably and prudently, and were therefore entitled to recover their legal costs up until the time the lead case was determined, as well as the costs of this costs application.
costs application – judicial review – personal injury guidelines – declaration of unconstitutionality – lead case procedure – judicial independence – application for compensation – Superior Courts – Rules of the Superior Courts (RSC) – Legal Services Regulation Act 2015 – statutory interpretation – constitutional litigation – reasonable conduct of litigation
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