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Court of Appeal makes order as to costs in a case where an insurer brought two actions against the Health Insurance Authority (a statutory appeal, and a challenge by judicial review), and: (a) awards the High Court costs of the judicial review to the HIA against the insurer, where the judicial review proceedings had been unsuccessful in the High Court and on appeal; and (b) awards the HIA one third of its costs against the insurer in relation to the statutory appeal, despite the fact that the insurer had succeeded in obtaining relief, on the grounds that it had failed on the primary point of the appeal, being the interpretation of the term 'ordinary residence' in the relevant legislation.
Murray J (nem diss): Allocation of costs - two actions disposed of in a single judgment - enforcement notice by Health Insurance Authority - statutory application seeking cancellation of directions in notice - judicial review of decisions of HIA - appeal allowed in one action but dismissed in the other - O.99, r.1(1), RSC - ss.168 and 169 of the Legal Services and Regulation Act 2015 - whether 2015 Act applied to High Court or Court of Appeal - ss. 26 and 27 of the Interpretation Act 2005 - identification of 'event' - costs of judicial review proceedings - whether judicial review proceedings added to length of the proceedings as a whole - statutory application.
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