Ms Rachel Minch:

The understanding was that cost protection only applied to certain grounds in proceedings so there was a lot of argument about whether a particular ground would be covered by cost protection or not. The Heather Hill ruling clarified that all grounds are covered by cost protection so an applicant is not exposed to costs in respect of any aspect of their challenge subject to certain exceptions, as Mr. Flynn has said. But then, if they succeed, they are entitled to their costs or an appropriate proportion of them.