Bolam v First Secretary of State & Ors [2006] EWHC 2184 (Admin) (10 July 2006)

Bolam v First Secretary of State & Ors [2006] EWHC 2184 (Admin) (10 July 2006)

The claimant is entitled to three-quarters of his costs incurred in seeking the injunction and section 288(5) order, as the proceedings were justified by the circumstances, but not all costs are awarded due to partial success and some procedural delay.

Citation
[2006] EWHC 2184 (Admin)
Parties
Claimant: Brian Bolam; First Defendant: First Secretary of State; Second Defendant: Wychaven District Council; Third Defendant: Timothy Bolam
Jurisdiction
England and Wales
Judgment Date
10 July 2006
Procedural Posture
Administrative Law Costs Application / Post Judgment Costs Determination
Outcome
Claimant awarded three-quarters of costs incurred in seeking injunction and section 288(5) order; quantum to be determined by detailed assessment if not agreed.
Legal Topics
Costs, Injunctions, Planning Permission Conditions, Enforcement Action
Administrative Law Planning Law Costs Injunctions Planning Permission Conditions Enforcement Action

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Parties

Brian Bolam

Claimant

First Secretary of State

First Defendant

Wychaven District Council

Second Defendant

Timothy Bolam

Third Defendant

Procedural Posture

Administrative Law Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs for seeking an injunction and a section 288(5) suspension order
  2. 2 Whether the costs incurred were proportionate and justified

Ratio Decidendi

The claimant is entitled to three-quarters of his costs incurred in seeking the injunction and section 288(5) order, as the proceedings were justified by the circumstances, but not all costs are awarded due to partial success and some procedural delay.

Court Disposition

Claimant awarded three-quarters of costs incurred in seeking injunction and section 288(5) order; quantum to be determined by detailed assessment if not agreed.

Orders

  • Claimant to receive three-quarters of all costs incurred, including costs for the day of hearing and prior applications.
  • If parties cannot agree on quantum, costs to be subject to detailed assessment.