Vorona wrote: ↑Wed Apr 21, 2021 12:31 pm
And even if you win, the judge may instruct the Minister to give you a decision without granting the costs as Minister may argue that they would have given you a decision anyway. Better have some savings before going that route.
That's not true. Although legally possible, it has in practice never been used where the judge does not award legal cost towards the winning side, when the winning side is an individual and the losing side is the government.
After the applicant files a JR application, the minister can file a Statement of Opposition, in which the minister can argue why the JR should not proceed. Usually the minister may say that they will give a decision within 4 weeks anyway. If you and the judge agree to it, the JR will not proceed.
If the minister did not file a Statement of Opposition, or if the statement was rejected, the JR will proceed and the judge will decide who wins the case. Whoever loses the case will pay the full legal cost. The judge can only waive some of the fees to the losing side, not to the winning side.
Most solicitors will charge a 4-digit figure to just threaten the minister with a JR, and potentially file a JR application. If the JR eventually proceeds to the hearing stage, the winning side shouldn't have to pay anything. Of course, if it doesn't proceed (e.g. if the Statement of Opposition is accepted), then no JR will have happened, so this fee is the applicant's sole responsibility.