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23. Capping of costs

(1) In this section and section 24
(a) "costs capping order" is an order limiting or removing the liability of a party to judicial review proceedings to pay another party's costs in connection with any stage of the proceedings;
(b) "the Court" means the Court of First Instance or the Court of Appeal.
(2) For the purposes of this section and section 24, in relation to judicial review proceedings —
(a) the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review; and
(b) references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.
(3) A costs capping order may not be made by the Court of First Instance or the Court of Appeal in connection with judicial review proceedings except in accordance with this section and section 24.
(4) The Court may make a costs capping order only if leave to apply for judicial review has been granted.
(5) The Court may make a costs capping order only on an application for such an order made by the applicant for judicial review in accordance with court procedure rules.
(6) Court procedure rules may, in particular, specify information that must be contained in the application, including —
(a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application; and
(b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.
(7) The Court may make a costs capping order only if it is satisfied that —
(a) the proceedings are public interest proceedings;
(b) in the absence of the order, the applicant for judicial review would withdraw the application for judicial review or cease to participate in the proceedings; and
(c) it would be reasonable for the applicant for judicial review to do so.
(8) The proceedings are "public interest proceedings" only if —
(a) an issue that is the subject of the proceedings is of general public importance;
(b) the public interest requires the issues to be resolved; and
(c) the proceedings are likely to provide an appropriate means of resolving it.
(9) The matters to which the Court must have regard when determining whether proceedings are public interest proceedings include —
(a) the number of people likely to be directly affected if relief is granted to the applicant for judicial review;
(b) how significant the effect on those people is likely to be; and
(c) whether the proceedings involve consideration of a point of law of general public importance.
(10) The Board may by ADGM enactment amend this section by adding, omitting or amending matters to which the Court must have regard when determining whether proceedings are public interest proceedings.
(11) Before making any ADGM enactment under subsection (10), the Board must consult the Chief Justice and no such ADGM enactment may be made under subsection (10) unless a draft of it has been provided to, and approved by, the Chief Justice.