Bovale Ltd v Secretary of State for the Communities & Local Government & Anor

Bovale Ltd v Secretary of State for the Communities & Local Government & Anor

The court has power to require defendants in section 288 planning claims to file summary grounds of resistance within a reasonable period (ten weeks), even though Part 8 does not require a formal defence, as part of its general case management powers. The order for evidence was unnecessary as no evidence was to be served, and the order for grounds of resistance was satisfied by the defendant's undertaking to file a skeleton argument first.

Parties
Claimant: Bovale Limited; First Defendant: Secretary of State for the Communities and Local Government; Second Defendant: Herefordshire District Council
Jurisdiction
England and Wales
Judgment Date
01 September 2008
Procedural Posture
Application to Set Aside Order (administrative Law, Planning) / Appeal Against Deputy Master's Order
Outcome
Appeal allowed; Deputy Master's order set aside; directions given for skeleton arguments; costs awarded to claimant.
Legal Topics
Case Management, Directions for Evidence and Grounds of Resistance, Civil Procedure Rules Part 8, Town and Country Planning Act Section 288
Administrative Law Civil Procedure Planning Law Case Management Directions for Evidence and Grounds of Resistance Civil Procedure Rules Part 8 Town and Country Planning Act Section 288

Case Brief

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Parties

Bovale Limited

Claimant

Secretary of State for the Communities and Local Government

First Defendant

Herefordshire District Council

Second Defendant

Procedural Posture

Application to Set Aside Order (administrative Law, Planning) / Appeal Against Deputy Master's Order

Legal Issues

  1. 1 Whether the court has power to order defendants to file alternative or additional grounds of resistance in Part 8 planning claims
  2. 2 Whether the time limits for filing evidence and grounds of resistance are appropriate under the Civil Procedure Rules and Practice Directions
  3. 3 Whether the Deputy Master's order requiring evidence and grounds of resistance should be set aside

Ratio Decidendi

The court has power to require defendants in section 288 planning claims to file summary grounds of resistance within a reasonable period (ten weeks), even though Part 8 does not require a formal defence, as part of its general case management powers. The order for evidence was unnecessary as no evidence was to be served, and the order for grounds of resistance was satisfied by the defendant's undertaking to file a skeleton argument first.

Court Disposition

Appeal allowed; Deputy Master's order set aside; directions given for skeleton arguments; costs awarded to claimant.

Orders

  • Order of Deputy Master Knapman set aside.
  • Defendant to file skeleton argument by 22nd September; claimant to respond by 29th September.