Cottingham Parish Council v Secretary of State for Local Government & Communities

The court determined that the Secretary of State and Corby Borough Council were entitled to costs, but reduced the hours claimed for document review and assessed Corby Borough Council's costs at £3,250, finding the case exceptional under Bolton but noting the hearing was unnecessary.

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 Hearing
Outcome: Costs awarded to Secretary of State and Corby Borough Council, with reductions.
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 Hearing

Legal Issues

1 Entitlement to costs following judicial review
2 Assessment of reasonable costs
3 Double counting in costs schedule

Ratio Decidendi

Court Disposition

Costs awarded to Secretary of State and Corby Borough Council, with reductions.

Orders

Secretary of State's costs reduced for document review to 15 hours.
Corby Borough Council's costs assessed at £3,250.