Alison Pickup hopes the decision in Scott indicates a promising future
In R (Scott) v LB Hackney [2008] EWCA Civ 217 the appellant was a severely autistic 33-year-old man who issued a claim for judicial review in June 2006 challenging the failure of the respondent local authority to provide services to meet or properly assess his needs. After the claim was issued and permission granted, negotiation between the parties resulted in the claimant withdrawing his claim, but costs remained an outstanding issue.
After considering written submissions, Mr Kenneth Parker QC (sitting as a Deputy High Court Judge) decided to make no order as to costs in light of the fact that the respondent had had some reasonable points of defence, and the appellant had not pursued part of the original claim. The appellant appealed, arguing that the judge had applied the wrong test, had failed to take account of the respondent's conduct and had failed to take into account the effect on the system and publicly funded lawyers of not making an inter
