Buckinghamshire Council v Barrett & Ors (No. 2: Costs) [2024] EWHC 254 (KB) (07 February 2024)

Buckinghamshire Council v Barrett & Ors (No. 2: Costs) [2024] EWHC 254 (KB) (07 February 2024)

80% of the claimant's costs are attributable to the first defendant due to his primary responsibility for the planning breaches; of that, 70% are reasonably and proportionately incurred. The application against Persons Unknown was not unreasonable, so no punitive reduction is warranted. The first defendant is...

Source-derived case information.

Citation
[2024] EWHC 254 (KB)
Parties
Claimant: Buckinghamshire Council; First Defendant: Jimmy Barrett; Third Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Costs Application Following Final Injunction Proceedings / Post Judgment, Summary Assessment of Costs
Outcome
Costs order in favour of the claimant against the first defendant, apportioned and reduced as specified.
Legal Topics
Costs, Injunctions, Apportionment of Costs, Summary Assessment, Planning Control, Persons Unknown
Civil Procedure Planning Law Costs Injunctions Apportionment of Costs Summary Assessment Planning Control Persons Unknown

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Parties

Buckinghamshire Council

Claimant

Jimmy Barrett

First Defendant

Persons Unknown

Third Defendant

Procedural Posture

Costs Application Following Final Injunction Proceedings / Post Judgment, Summary Assessment of Costs

Legal Issues

  1. 1 How should costs be apportioned between defendants in planning injunction proceedings?
  2. 2 What proportion of the claimant's costs are reasonable and recoverable from the first defendant?
  3. 3 Should time to pay be extended for the first defendant?

Ratio Decidendi

80% of the claimant's costs are attributable to the first defendant due to his primary responsibility for the planning breaches; of that, 70% are reasonably and proportionately incurred. The application against Persons Unknown was not unreasonable, so no punitive reduction is warranted. The first defendant is granted 6 weeks to pay due to personal circumstances.

Court Disposition

Costs order in favour of the claimant against the first defendant, apportioned and reduced as specified.

Orders

  • First defendant to pay 56% (i.e., 80% x 70%) of the claimant's claimed costs.
  • Payment to be made within 6 weeks from 25 January 2024.