The High Court has ordered Patrick McGovern to pay the respondents’ costs after dismissing his judicial review challenge over the refusal of a Widower’s (Contributory) Pension and a Widowed or Surviving Civil Partner Grant. The costs order is to be adjudicated if the parties cannot agree.
In a judgment delivered on 12 May 2021, Ms Justice Miriam O’Regan considered the parties’ submissions on costs following the court’s principal judgment of 19 March 2021. The respondents sought their costs; McGovern sought no order as to costs.
McGovern argued that the case raised issues of general importance and was a test case involving constitutional, European Union and human rights law. He relied on previous cases in which unsuccessful litigants received some of their costs, including cases involving public interest litigation. He also submitted that the issues touched on sensitive aspects of human life.
Justice O’Regan said the constitutional challenge had not been seriously argued, and there was no evidence that the case was a test case or that its outcome would affect a significant number of litigants. She considered the issues and the personal circumstances underlying the challenge unlike the broader cases McGovern cited. The interpretation of “spouse” in the principal judgment, she said, applied existing jurisprudence and was not novel.
The judge applied section 169 of the Legal Services Regulation Act 2015, under which an entirely successful party in civil proceedings is generally entitled to costs unless the court orders otherwise. She concluded that the respondents had been entirely successful and that the applicant had obtained no relief. Although the principal judgment took account of his failure to exhaust alternative remedies, that did not amount to partial success.
The court found no basis to depart from the general rule, award McGovern any portion of his costs, or make no order as to costs. It ordered costs for the respondents against McGovern, to be adjudicated in default of agreement.
The judge stayed the costs order until the end of the period for bringing an appeal. If an appeal is brought within that period, the stay will continue until the first directions date before the Court of Appeal. The judgment does not state whether an appeal was brought.