High Court Orders Government to Pay Costs Following Free Speech Union Judicial Review

The High Court has ordered the Education Secretary to pay the costs of a judicial review brought by the Free Speech Union, after finding that the proceedings caused or significantly accelerated a change in the Government’s position regarding free speech protections in higher education.

In a costs order made by the Administrative Court, Mr C M G Ockelton, sitting as a judge of the High Court, concluded that the FSU’s challenge had, in substance, succeeded and that the Education Secretary should pay the FSU’s reasonable legal costs.

The case concerned the Government’s revocation of commencement orders intended to bring key operative provisions of the Higher Education (Freedom of Speech) Act into force. In his decision, the judge noted evidence suggesting that the relevant revocation order was not simply intended to be temporary, and found that the timing of the Education Secretary’s reversal of her position coincided with the progress of the judicial review proceedings.

The court was satisfied that the Government’s eventual actions were caused, or at least materially accelerated, by the claim brought by the FSU. The judge further observed that there was no clear evidence demonstrating that the outcome would have occurred independently of the proceedings.

George McLellan and Olly Dickie of Sharpe Pritchard acted for the FSU, working alongside Tom Cross KC and Zoe Gannon of 11KBW.

George McLellan commented:

“We are pleased to have supported the Free Speech Union in this important case to salvage the Higher Education (Freedom of Speech) Act. The court’s decision on costs recognises the impact that the proceedings had on the Government’s approach.”

To discuss judicial review, public law or education matters, please contact a member of our team.

George McLellan is a Partner and Olly Dickie is a Trainee Solicitor at Sharpe Pritchard LLP.

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