Prielipp & Anor v Secretary Of State For Environment, Transport & Regions [2002] EWCA Civ 1001 (19 June 2002)

Prielipp & Anor v Secretary Of State For Environment, Transport & Regions [2002] EWCA Civ 1001 (19 June 2002)

The Tribunal was entitled to award costs to the claimants as there were no unusual circumstances justifying departure from the normal rule; the Tribunal's reasoning, though brief, was sufficient given the detailed submissions received.

Citation
[2002] EWCA Civ 1001
Parties
Claimant: A P PRIELIPP; Claimant: C KENNERLY; Defendant/appellant: Secretary of State for the Environment, Transport and the Regions
Jurisdiction
England and Wales
Judgment Date
19 June 2002
Procedural Posture
Appeal / Application for Permission to Appeal Costs Order
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Compulsory Purchase Order, Appeal Procedure
Civil Procedure Compulsory Purchase Costs Compulsory Purchase Order Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

A P PRIELIPP

Claimant

C KENNERLY

Claimant

Secretary of State for the Environment, Transport and the Regions

Defendant/appellant

Procedural Posture

Appeal / Application for Permission to Appeal Costs Order

Legal Issues

  1. 1 Whether the Lands Tribunal erred in awarding costs to the claimant after beating a sealed offer
  2. 2 Whether the Tribunal's reasoning and conclusion on costs was perverse or inadequately reasoned

Ratio Decidendi

The Tribunal was entitled to award costs to the claimants as there were no unusual circumstances justifying departure from the normal rule; the Tribunal's reasoning, though brief, was sufficient given the detailed submissions received.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs