Thursday 25 May 2023
The Appellant appeals (a) Mr Ockleton’s decision of 13 April 2022 to vary the Costs Capping Order (CCO) to apply only to costs incurred before the date of service of the order of 13 April 2022; and (b) Mrs Justice Collins Rice decision of 27 April 2022 to refuse the application for an oral renewal hearing of Mr Ockleton’s decision.
The background to these orders is the Appellant’s claim for judicial review of the Respondent’s refusal to grant legal aid for her SEND Tribunal appeal, filed on 3 November 2021. On 21 December 2021 the Appellant applied for a CCO in the absence of legal aid costs protection. Permission to apply for judicial review and a CCO were granted by Mr Tim Smith. On 01 March 2022 legal aid was granted and backdated to 10 December 2021. The Appellant sought to set aside the CCO ab initio. The Respondent argued it should be set aside prospectively only. On 13 April 2022 Mr Ockleton set aside the CCO on a prospective only basis on the papers. The Applicant applied for oral reconsideration of this decision. On 27 April 2022 Mrs Justice Collins Rice refused the application on the basis that the High Court lacks jurisdiction, and any challenge to Mr Ockleton’s order must be by appeal.