Harlow District Council v Powerrapid Limited

Harlow District Council v Powerrapid Limited

The court held that the costs orders in question, though expressed as 'costs of the inquiry', included costs of and incidental to the inquiry, including pre-notification costs, costs relating to the overage clause, and costs incurred in obtaining the High Court order. The hourly rates awarded by the costs judge were within the generous ambit of discretion and justified by the complexity and specialist nature of the work.

Parties
Appellant/defendant: Harlow District Council; Respondent/claimant: Powerrapid Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2023
Procedural Posture
Appeal / Judgment on Appeal From Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase Order (cpo), Costs Assessment, Pre Action Costs, Scope of Recoverable Costs, Guideline Hourly Rates (ghr), Planning Practice Guidance (ppg), Overage Clause, Detailed Assessment of Costs
Civil Procedure Compulsory Purchase Costs Compulsory Purchase Order (cpo) Costs Assessment Pre Action Costs Scope of Recoverable Costs Guideline Hourly Rates (ghr) +3 more

Case Brief

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Parties

Harlow District Council

Appellant/defendant

Powerrapid Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal From Costs Assessment

Legal Issues

  1. 1 Whether 'costs of the inquiry' includes costs 'incidental to' the inquiry under s.250(5) Local Government Act 1972
  2. 2 Whether pre-notification (pre-CPO) costs are recoverable
  3. 3 Whether costs relating to the overage clause are recoverable as part of the CPO process

Ratio Decidendi

The court held that the costs orders in question, though expressed as 'costs of the inquiry', included costs of and incidental to the inquiry, including pre-notification costs, costs relating to the overage clause, and costs incurred in obtaining the High Court order. The hourly rates awarded by the costs judge were within the generous ambit of discretion and justified by the complexity and specialist nature of the work.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal dismissed
  • Claimant entitled in principle to recover reasonable and proportionate costs incurred prior to 27 September 2018, costs incidental to the inquiry, costs relating to the overage clause, and costs incurred after 16 October 2019, including obtaining the High Court order