4 December 2020
Judicial review – Costs of application – Costs against court
The appellant was a life prisoner. In 2014, the respondent Parole Board (the Board) considered whether it would be appropriate to direct the appellant’s release. If it did not direct his release, it was required to consider whether to recommend his transfer to open conditions. On 10 March 2014, the Board issued its decision. It did not direct his release or recommend his transfer to open conditions. The appellant brought proceedings for judicial review of the decision. In the claim form, both aspects of the decision were challenged. The Board did not take part in the proceedings. In its acknowledgment of service, it ticked the box stating that ‘the defendant … is a court or tribunal and does not intend to make a submission’. At the hearing, the appellant confined his challenge to the decision not to recommend a transfer to open conditions. The challenge was successful, and that aspect of the de