Bolam v First Secretary of State & Ors

Bolam v First Secretary of State & Ors

The claimant was justified in bringing the proceedings due to the lack of information and the urgency created by the council's delay. However, as the claimant did not succeed in obtaining the full injunction and could have taken earlier steps, only three-quarters of the costs should be awarded.

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
Judicial Review / Administrative Law / Costs Determination After Substantive Judgment
Outcome
Claimant awarded three-quarters of his costs, subject to detailed assessment if not agreed.
Legal Topics
Costs, Injunctions, Planning Permission, Enforcement of Planning Conditions
Administrative Law Planning Law Costs Injunctions Planning Permission Enforcement of Planning Conditions

Case Brief

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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

Judicial Review / Administrative Law / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to costs incurred in seeking an injunction and a section 288(5) order to suspend the Inspector's decision
  2. 2 Whether the proceedings were justified and whether costs should be awarded in full or in part

Ratio Decidendi

The claimant was justified in bringing the proceedings due to the lack of information and the urgency created by the council's delay. However, as the claimant did not succeed in obtaining the full injunction and could have taken earlier steps, only three-quarters of the costs should be awarded.

Court Disposition

Claimant awarded three-quarters of his costs, subject to detailed assessment if not agreed.

Orders

  • Claimant to recover three-quarters of his costs incurred in seeking the injunction and section 288(5) order, including costs of the present hearing. If parties cannot agree quantum, costs to be subject to detailed assessment.