R (Plantagenet Alliance) v Justice Secretary (2014)

Court: High Court

Facts: The remains of King Richard III were discovered under a car park in Leicester. A decision was made to bury him in Leicester Cathedral. The Plantagenet Alliance, a group claiming to be descendants of the king, contended that Richard III should be reburied in York instead. In response to the proposed reburial, they sought judicial review of the decisions made regarding the remains.

Issue: Whether the Plantagenet Alliance had sufficient grounds to challenge the Justice Secretary’s decision regarding the reburial of King Richard III and if a protective costs order should be granted.

Held: The High Court granted a protective costs order to the claimant, recognizing that the case raised significant issues of public importance. The court accepted that the circumstances surrounding the reburial were of considerable interest to the public and warranted judicial scrutiny.

Key Judicial Statements: The court noted that the case “raises issues of public importance, justifying the grant of a protective costs order to allow the claimant to pursue judicial review” [18].

💡Leveluplaw: notice court's willingness to consider public interest in decisions regarding judicial review, particularly in matters with historical significance. It demonstrates the potential for protective costs orders in cases where the issues at stake are deemed important to the public