Background
Gearóid Johnson, a secondary teacher, was the subject of a complaint concerning aspects of his social-media posts on gender, race and religion. The Teaching Council investigated the complaint under the Teaching Council Act 2001 and referred it to its disciplinary committee.
Johnson brought judicial-review proceedings challenging that referral. During those proceedings, he sought discovery, further particulars, and an order striking out the Council’s statement of opposition. The High Court refused those interlocutory reliefs, and the Court of Appeal upheld that refusal in February 2026.
The Court’s Holding
The Court of Appeal held that the Teaching Council, having been entirely successful in resisting the appeal, should receive its costs of the appeal, including reserved costs. Although the application concerned interlocutory matters, the Court considered it unlikely that issues such as discovery and replies to particulars would be revisited at the full judicial-review hearing.
However, the Court accepted that immediate liability for those costs could be unduly burdensome if Johnson ultimately succeeded in the underlying judicial review. It therefore stayed the costs order until the proceedings are concluded.
Key Takeaways
- A successful respondent may obtain costs on an interlocutory appeal where the issues have effectively been finally determined.
- The court may stay a costs order pending the outcome of substantive judicial-review proceedings.
- The costs award included reserved costs.
Why It Matters
The ruling illustrates the Court of Appeal’s discretion in costs matters under section 169(1) of the Legal Services Act 2015. Success on an interlocutory appeal can justify a costs order, while a stay can protect a party from immediate payment before the principal proceedings are resolved.