“… upon whether the relevant individual is legally aided (see especially [104]), an approach which I favour (see R (Gourlay) v Parole Board [2017] EWCA Civ 1003; [2017] 1 WLR 4107 at [60]-[61], to which Leggatt LJ refers at [100]) as apparently did the third member of the constitution in ZN and KA, Sir Brian Leveson P (at [106]). Indeed,…”
“…preted by Hickinbottom LJ (with whom the other members of the Court of Appeal agreed) in R (on the application of Gourlay) v Parole Board [2017] EWCA Civ 1003; [2017] 1 WLR 4107, at paras. 60-61. In that case the Court of Appeal reaffirmed the principle (at para. 61) that “in considering costs orders in public law claims, the court is …”