Orr v Director of Proceedings on Behalf of the Health Ombudsman [No 2]

The appeal before the court involved the appellant, Orr, against the Director of Proceedings on behalf of the Health Ombudsman. The appellant sought to challenge the decision of the tribunal, which had found that he had engaged in professional misconduct. The court was tasked with determining whether the appellant should bear his own costs of the appeal, as opposed to the respondent bearing their own costs or the appellant being ordered to pay the respondent's costs. The appellant argued that the judicial discretion should be exercised in favour of an order that each party bear their own costs, citing various bases for this submission.

The primary legal issue before the court was whether the appellant's appeal was wholly unsuccessful to the extent that the usual order for costs should be made against him, or whether there were exceptional circumstances justifying an order that each party bear their own costs. The court needed to assess whether there was any unlawful conduct, a novel point of law of public importance, an issue of significance, or unfairness that would warrant such an order. The court considered the nature of the appeal, the arguments presented by the appellant, and the outcome of the tribunal's decision.

In delivering the judgment, the court held that the appellant's appeal was wholly unsuccessful. The tribunal's findings of professional misconduct were well supported by the evidence, and the appeal did not present any unlawful conduct, novel point of law of public importance, issue of significance, or unfairness. As a result, the court found that the usual order for costs should be made against the appellant. The court emphasised that the appellant's submissions did not meet the stringent criteria required to deviate from the standard costs order.

The court ordered that the appellant pay the respondent's costs of the appeal. This outcome reflected the court's view that the appeal had no reasonable prospect of success and did not present any exceptional circumstances that would warrant an order for each party to bear their own costs.