Cotham School v Bristol City Council & Ors [2024] EWHC 397 (Ch) (23 February 2024)

Cotham School v Bristol City Council & Ors [2024] EWHC 397 (Ch) (23 February 2024)

Claimant's applications for costs protection failed as not within scope of Aarhus Convention or protective costs order jurisdiction; claimant ordered to pay second defendant's costs due to failure to accept offer and lack of good reason for costs protection; costs assessed based on reasonable and proportionate fees for junior counsel; permission to appeal refused as no real prospect of success or compelling reason.

Citation
[2024] EWHC 397 (Ch)
Parties
Claimant: Cotham School; First Defendant: Bristol City Council; Second Defendant: Katharine Welham; Third Defendant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
23 February 2024
Procedural Posture
CPR Part 8 Claim / Consequential Matters Following Directions Hearing
Outcome
Claimant's application for permission to appeal dismissed; costs orders made.
Legal Topics
Costs, Commons Registration, Aarhus Convention, Protective Costs Orders, Costs Capping
Property Law Civil Procedure Costs Commons Registration Aarhus Convention Protective Costs Orders Costs Capping

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Parties

Cotham School

Claimant

Bristol City Council

First Defendant

Katharine Welham

Second Defendant

Bristol City Council

Third Defendant

Procedural Posture

CPR Part 8 Claim / Consequential Matters Following Directions Hearing

Legal Issues

  1. 1 Entitlement to costs protection under Aarhus Convention
  2. 2 Application of protective costs orders under Senior Courts Act 1981
  3. 3 Appropriateness of costs capping under CPR rule 3.19

Ratio Decidendi

Claimant's applications for costs protection failed as not within scope of Aarhus Convention or protective costs order jurisdiction; claimant ordered to pay second defendant's costs due to failure to accept offer and lack of good reason for costs protection; costs assessed based on reasonable and proportionate fees for junior counsel; permission to appeal refused as no real prospect of success or compelling reason.

Court Disposition

Claimant's application for permission to appeal dismissed; costs orders made.

Orders

  • Claimant to pay second defendant £7,500 plus VAT within 14 days.
  • Bristol City Council to pay second defendant £1,500 plus VAT within 14 days.