Business crime and regulatory partner Tom Bushnell has analysed a major High Court judicial review / costs case in the latest 2026 edition of Lloyd’s Law Reports: Financial Crime.
In R (Bates) v Highbury Corner Magistrates’ Court [2025] EWHC 2532 (Admin), the High Court settled long-standing confusion as to the costs regime that applies to judicial review in criminal cases. The Court rejected the so-called “Murphy principle” that had appeared to limit costs recovery to exceptional cases. Instead, the High Court retained its general discretion to order inter partes costs, just as in any other judicial review.
In his headnote and commentary on the case, Tom Bushnell argues that it is difficult to understand how the so-called Murphy principle survived as long as it did. He suggests that, as such, the Court’s decision will be welcomed by many. He also points out that “the [Court’s] decision raises the stakes for any party to criminal proceedings who may be considering an application to the High Court“: a question that arises frequently at the earliest stages of a private prosecution.
Tom Bushnell was last year invited to become a regular contributor to the The Lloyd’s Law Reports: Financial Crime, which are prestigious, specialist set of law reports edited by Sebastian Walker and Karl Laird.
Tom’s report on Bates is available to subscribers in the latest issue of The Lloyd’s Law Reports: Financial Crime.
