The High Court refused an application by an energy developer for an order that the operator of the national grid pay legal costs on the higher solicitor/client basis, rather than the usual party and party basis, following successful judicial review proceedings. The applicant argued that the operator had breached its duty of candour by failing to disclose crucial information regarding the refusal of qualification for an electricity capacity auction, only revealing it after remittal. The court found some new information was included in later reports but held that this did not amount to a sufficiently serious or blatant non-disclosure to warrant the exceptional order sought. The court emphasised the high threshold for such orders and concluded that, while there was a basis for the application, it fell short of justifying solicitor/client costs. No order for costs was made in respect of the costs application itself.
costs application – solicitor/client costs – party and party costs – electricity capacity auction – duty of candour – public bodies – judicial review – remittal – non-disclosure – energy developer – national grid operator – Rules of the Superior Courts (RSC) – Legal Services Regulation Act 2015 – court"s discretion – consequences for other party