Cotham School v Bristol City Council & Ors

Cotham School v Bristol City Council & Ors

The claimant should pay the second defendant's costs of all three costs aspects of the hearing because there was good reason to disapply the Aarhus Convention default rule, given the claimant's failure to heed detailed warnings and to accept a reasonable offer to withdraw without costs. The City Council should pay the second defendant's costs of the parties aspect proportionate to the hearing. Permission to appeal is refused as there is no real prospect of success or compelling reason.

Parties
Claimant: Cotham School; First Defendant: Bristol City Council; Second Defendant: Katharine Welham; Third Defendant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Property/administrative / Consequential Matters Following Directions Hearing; Costs and Permission to Appeal
Outcome
Claimant's application for permission to appeal dismissed; costs orders made against claimant and City Council in favour of second defendant.
Legal Topics
Costs, Aarhus Convention, Protective Costs Orders, Commons Registration, Permission to Appeal
Civil Procedure Administrative Law Property Law Costs Aarhus Convention Protective Costs Orders Commons Registration Permission to Appeal

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Parties

Cotham School

Claimant

Bristol City Council

First Defendant

Katharine Welham

Second Defendant

Bristol City Council

Third Defendant

Procedural Posture

Civil Property/administrative / Consequential Matters Following Directions Hearing; Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the claimant should pay the second defendant's costs of the costs aspects of the hearing
  2. 2 Whether the City Council should pay the second defendant's costs of the parties aspect of the hearing
  3. 3 Whether the Aarhus Convention default costs rule applies

Ratio Decidendi

The claimant should pay the second defendant's costs of all three costs aspects of the hearing because there was good reason to disapply the Aarhus Convention default rule, given the claimant's failure to heed detailed warnings and to accept a reasonable offer to withdraw without costs. The City Council should pay the second defendant's costs of the parties aspect proportionate to the hearing. Permission to appeal is refused as there is no real prospect of success or compelling reason.

Court Disposition

Claimant's application for permission to appeal dismissed; costs orders made against claimant and City Council in favour of second defendant.

Orders

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