The SUPREME COURT

Appellant: The United SynagogueRespondent: EIssueWhether it is appropriate for the Courts to order a charitable intervener in public law litigation to bear costs.FactsThe Respondent (E) is Jewish by birth and his wife (W) is Jewish by conversion. They wanted their child (M) to be admitted as a pupil to JFS (formerly the Jews� Free School) in the London Borough of Brent. The admissions policy of JFS gives priority to children who are recognised as Jewish by the OCR or are recognised following a course of conversion approved by the OCR. The Respondent�s child was refused admission to the school. The Respondent sought to judicially review the decision. In the Court of Appeal the Appellant, who had intervened in the case, was ordered to pay 20% of the Respondent�s costs.Chronology of ProceedingsEWHC (QBD) - 3 July 2008 - Munby J - Application dismissed, no order as to costs, assessment of the Claimant�s costs for the purposes of CLS funding regulations, claimant�s application for permission to appeal adjourned and to be dealt with on the basis of written submissions.EWHC (QBD) - 16 July 2008 - Munby J - Permission to appeal granted on issues (1)-(4) and (a) & (b) as specified in order.EWCA - 25 June 2009 - Sedley, Smith, Rimer LJJ - Appeals allowed, permission to appeal to House of Lords refused, appellant to recover costs as follows: (a) 50% from JFS (b) 20% from the Secretary of State (c) 20% from the United Synagogue (d) 10% from the Schools Adjudicator.HoL - 28 July 2009 - Lord Phillips, Lady Hale, Lord Brown - Leave to appeal granted.HoL - 31 July 2009 - Lord Phillips, Lady Hale, Lord Brown - Stay lifted.UKSC - 1 October 2009 - Lord Hope, Lady Hale, Lord Brown - E's application for protective costs order refused; the only reasonable decision open to the Legal Services Commission in the circumstances is to continue public funding without a protective costs order; the Commission must pay to E, JFS and the United Synagogue the costs of the application and nothing is to be published which may tend to identify the child who is concerned in the appeals.