Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) (17 March 2023)

Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) (17 March 2023)

The reference to 'costs of the Inquiry' in the Orders includes costs incidental to the Inquiry and pre-notification costs, unless expressly excluded. The statutory and policy context of CPO proceedings supports a generous approach to costs, and the guidance does not mandate a restrictive interpretation. The Judge's order allowing recovery of reasonable and proportionate pre-notification, incidental, overage-related, and post-inquiry costs was correct.

Citation
[2023] EWHC 586 (KB)
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 Against Costs Orders
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase Orders, Costs Assessment, Pre Action Costs, Incidental Costs, Statutory Interpretation
Administrative Law Compulsory Purchase Costs Compulsory Purchase Orders Costs Assessment Pre Action Costs Incidental Costs Statutory Interpretation

Case Brief

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Parties

Harlow District Council

Appellant/defendant

Powerrapid Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Orders

Legal Issues

  1. 1 Whether 'costs of the Inquiry' includes costs incidental to the Inquiry
  2. 2 Whether costs incurred prior to formal notification of the CPO are recoverable
  3. 3 Whether costs relating to the overage provision and post-inquiry costs are recoverable

Ratio Decidendi

The reference to 'costs of the Inquiry' in the Orders includes costs incidental to the Inquiry and pre-notification costs, unless expressly excluded. The statutory and policy context of CPO proceedings supports a generous approach to costs, and the guidance does not mandate a restrictive interpretation. The Judge's order allowing recovery of reasonable and proportionate pre-notification, incidental, overage-related, and post-inquiry costs was correct.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled in principle to recover reasonable and proportionate costs incurred prior to 27 September 2018
  • Claimant entitled to recover costs incidental to the public inquiry