Application to revisit previously disallowed expert cost claims dismissed as abuse of process

The High Court dismissed an application by an applicant, who sought a review of a legal costs adjudication concerning five previously disallowed invoices for 'expert non-legal litigation advice and services' provided during lengthy litigation against a public body. The invoices had already been the subject of a full statutory adjudication process, review by the High Court, and affirmation by the Court of Appeal. The applicant argued that new evidence and alleged developments in the law permitted a fresh adjudication and requested a referral of questions to the Court of Justice of the European Union (CJEU). However, the court found that the issues had already been finally resolved, and the applicant was precluded from re-litigating the same matters due to the principles of res judicata, issue estoppel, and abuse of process. The court further held that there was no basis to refer any questions to the CJEU, as the applicant had not been denied statutory process or a fair hearing.