A court exercising judicial review jurisdiction may decline to order return of documents obtained under partially invalid statutory notices where the applicant delayed commencing proceedings and the public interest favours completion of the investigation. A plaintiff who achieves substantial success in judicial review proceedings is entitled to full costs without reduction for issues on which they failed, particularly where the difficulties arose from the defendant's conduct. A plaintiff who unnecessarily institutes separate proceedings or obtains separate representation may have costs reduced to reflect the unnecessary duplication.
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