Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public interest litigation. The fundamental rules on costs are taken to include the two tr...
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| Format: | Article |
| Language: | Afrikaans |
| Published: |
North-West University
2009-03-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume1/2009x1x_Humby_art.pdf |
| _version_ | 1811341645682049024 |
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| author | T Humby |
| author_facet | T Humby |
| author_sort | T Humby |
| collection | DOAJ |
| description | Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public interest litigation. The fundamental rules on costs are taken to include the two traditional principles (that costs are a matter of judicial discretion and that to a successful party should be awarded his costs), the requirement that the discretion be exercised judicially, the test for interference in costs orders in a court of appeal, and the characterisation of costs orders as requiring the exercise of only a narrow discretion on appeal. In the light of the decisions in the Biowatch matter it is argued that the current rules do not meet the new needs of constitutional and/or public interest litigation as regards access to justice, equal protection and benefit of the law, proportionality, and the accountability of the judiciary. Suggestions are made for possible reform. |
| first_indexed | 2024-04-13T18:58:23Z |
| format | Article |
| id | doaj.art-75541cf2ba5d46c0a94f021b946f1dd8 |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-04-13T18:58:23Z |
| publishDate | 2009-03-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-75541cf2ba5d46c0a94f021b946f1dd82022-12-22T02:34:11ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812009-03-0112194136Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigationT HumbyUsing as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public interest litigation. The fundamental rules on costs are taken to include the two traditional principles (that costs are a matter of judicial discretion and that to a successful party should be awarded his costs), the requirement that the discretion be exercised judicially, the test for interference in costs orders in a court of appeal, and the characterisation of costs orders as requiring the exercise of only a narrow discretion on appeal. In the light of the decisions in the Biowatch matter it is argued that the current rules do not meet the new needs of constitutional and/or public interest litigation as regards access to justice, equal protection and benefit of the law, proportionality, and the accountability of the judiciary. Suggestions are made for possible reform.http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume1/2009x1x_Humby_art.pdflitigation costspublic interest litigationjudicial accountability |
| spellingShingle | T Humby Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation Potchefstroom Electronic Law Journal litigation costs public interest litigation judicial accountability |
| title | Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation |
| title_full | Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation |
| title_fullStr | Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation |
| title_full_unstemmed | Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation |
| title_short | Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation |
| title_sort | reflections on the biowatch dispute reviewing the fundamental rules on costs in the light of the needs of constitutional and or public interest litigation |
| topic | litigation costs public interest litigation judicial accountability |
| url | http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume1/2009x1x_Humby_art.pdf |
| work_keys_str_mv | AT thumby reflectionsonthebiowatchdisputereviewingthefundamentalrulesoncostsinthelightoftheneedsofconstitutionalandorpublicinterestlitigation |