Cotham School v Bristol City Council & Ors

Cotham School v Bristol City Council & Ors

The City Council may only appear once on the record, not in multiple capacities. The claim is not an 'Aarhus Convention claim' under CPR 46.24 because it is not a judicial review or statutory review as defined. The court has no power to make a protective costs order or costs capping order in this case. Costs management directions are appropriate.

Parties
Claimant: Cotham School; First Defendant: Bristol City Council; Second Defendant: Katharine Welham; Third Defendant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Property/administrative / Directions Hearing (preliminary Matters)
Outcome
Preliminary orders issued; directions given; no final determination of the substantive claim.
Legal Topics
Commons Registration, Town or Village Greens, Procedural Law, Costs Protection, Judicial Review, Statutory Interpretation
Administrative Law Property Law Civil Procedure Commons Registration Town or Village Greens Procedural Law Costs Protection Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Cotham School

Claimant

Bristol City Council

First Defendant

Katharine Welham

Second Defendant

Bristol City Council

Third Defendant

Procedural Posture

Civil Property/administrative / Directions Hearing (preliminary Matters)

Legal Issues

  1. 1 Whether Bristol City Council can appear twice on the record in different capacities
  2. 2 Whether the claimant is entitled to Aarhus Convention costs protection
  3. 3 Whether the court can make a protective costs order or costs capping order in this claim

Ratio Decidendi

The City Council may only appear once on the record, not in multiple capacities. The claim is not an 'Aarhus Convention claim' under CPR 46.24 because it is not a judicial review or statutory review as defined. The court has no power to make a protective costs order or costs capping order in this case. Costs management directions are appropriate.

Court Disposition

Preliminary orders issued; directions given; no final determination of the substantive claim.

Orders

  • City Council to appear only once on the record and file a single acknowledgment of service.
  • Claimant not entitled to Aarhus Convention costs protection under CPR Part 46.