Three appeals relating to the grant of protective costs orders (PCOs) in judicial review proceedings were considered in R (on the application of Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749. By a majority, the Court of Appeal dismissed the appeals and upheld the PCOs. Applying the principles set down in the leading authority of Corner House, it was satisfied that the issues raised were of general public importance and that the public interest required those issues to be resolved. The Corner House principles were not to be read as statutory provisions, nor to be read in an over-restrictive way, and the judge should take account of the fullness of the extent to which an applicant had satisfied the principles.

Buxton LJ, dissenting, held that the principles set down in Corner House prescribed an additional requirement of exceptionality that was not met in this case. He felt that this judgment extended the range of cases in which a PCO may be obtained.

The judgment also considers the effect of a judge's failure to specify the grounds for his decision where he makes an order "on paper". Such failure may, in itself, justify the decision being reviewed on its merits.