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Corner House Research, R (on the application of) v Secretary of State for Trade & Industry [2005] EWCA Civ 192 (01 March 2005)

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The court gave guidance on the principles and practice of making protective costs orders in public law cases. A protective costs order would only be made in exceptional cases. On the present facts, a protective costs order would be made where an application for judicial review was of general public importance because it related to the interests of the taxpayer in the support of major British companies in international trade and raised issues about the non-implementation of the published consultation policy of a government department.

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