Cottingham Parish Council v Secretary of State for Local Government & Communities [2009] EWHC 532 (Admin) (02 March 2009)

Cottingham Parish Council v Secretary of State for Local Government & Communities [2009] EWHC 532 (Admin) (02 March 2009)

The claimant, having been unsuccessful, must pay the Secretary of State's and Corby Borough Council's costs. The court reduced the Secretary of State's claim for time spent on documents from 19.3 to 15 hours as a reasonable assessment. Corby Borough Council's costs were assessed at £3,250, balancing the work done and the need for proportionality.

Citation
[2009] EWHC 532 (Admin)
Parties
Claimant: Cottingham Parish Council; First Defendant: Secretary of State for Local Government and Communities; Third Defendant: Corby Borough Council
Jurisdiction
England and Wales
Judgment Date
02 March 2009
Procedural Posture
Judicial Review / Costs Determination Following Substantive Judgment
Outcome
Claimant ordered to pay costs to both defendants.
Legal Topics
Costs, Judicial Review Procedure
Administrative Law Local Government Law Costs Judicial Review Procedure

Case Brief

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Parties

Cottingham Parish Council

Claimant

Secretary of State for Local Government and Communities

First Defendant

Corby Borough Council

Third Defendant

Procedural Posture

Judicial Review / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Entitlement to costs following unsuccessful judicial review
  2. 2 Assessment of reasonable costs claimed by defendants

Ratio Decidendi

The claimant, having been unsuccessful, must pay the Secretary of State's and Corby Borough Council's costs. The court reduced the Secretary of State's claim for time spent on documents from 19.3 to 15 hours as a reasonable assessment. Corby Borough Council's costs were assessed at £3,250, balancing the work done and the need for proportionality.

Court Disposition

Claimant ordered to pay costs to both defendants.

Orders

  • Claimant to pay Secretary of State's costs as assessed, with reduction in hours for documents to 15.
  • Claimant to pay Corby Borough Council's costs assessed at £3,250.