Hertsmere Borough Council, R (on the application of) v First Secretary of State & Anor

Hertsmere Borough Council, R (on the application of) v First Secretary of State & Anor

It is appropriate to order the second defendant to pay the claimant's costs incurred after 30th October 2003, with the determination of the amount of liability postponed for three years pursuant to regulation 127 of the 1989 Regulations or its successor.

Parties
Claimant: Hertsmere Borough Council; First Defendant: First Secretary of State; Second Defendant: Mr J Chapman
Jurisdiction
England and Wales
Judgment Date
10 November 2003
Procedural Posture
Judicial Review / Judgment on Costs and Consent Order
Outcome
Second defendant to pay claimant's costs incurred after 30th October 2003; determination of amount postponed for three years.
Legal Topics
Costs, Consent Orders, Legal Aid
Administrative Law Civil Procedure Costs Consent Orders Legal Aid

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Parties

Hertsmere Borough Council

Claimant

First Secretary of State

First Defendant

Mr J Chapman

Second Defendant

Procedural Posture

Judicial Review / Judgment on Costs and Consent Order

Legal Issues

  1. 1 Whether the second defendant should pay the claimant's costs and the appropriate period for postponement of determination of liability for costs under regulation 127 of the Civil Legal Aid (General) Regulations 1989.

Ratio Decidendi

It is appropriate to order the second defendant to pay the claimant's costs incurred after 30th October 2003, with the determination of the amount of liability postponed for three years pursuant to regulation 127 of the 1989 Regulations or its successor.

Court Disposition

Second defendant to pay claimant's costs incurred after 30th October 2003; determination of amount postponed for three years.

Orders

  • Second defendant to pay claimant's costs incurred after 30th October 2003.
  • Determination of amount of liability for costs postponed for three years pursuant to regulation 127 of the Civil Legal Aid (General) Regulations 1989 or its successor.