- Flynote
- Costs
- Case summary
- Summons dismissed. Protective costs orders are reserved for causes of action rooted in public law. The criteria for the grant of such an order is that the act or decision being challenged is one of public body. It is not available for what is essentially a private action on a contract inter se members of a political party. Further, the Plaintiff has a disqualifying private interest in the outcome of the proceedings (paras 6 – 8). See: R (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600 (CONSIDERED); Baldwin v Everingham [1993] 1 QdR 10 (DISTINGUISHED). The Constitution of the PNP sets out a template for the organisation and mandates that any question of the construction of its constitution is to be settled by the National General Council.
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