Nofax Station Road Limited v The London Borough of Barnet

Nofax Station Road Limited v The London Borough of Barnet

The Tribunal found no special reason to depart from the usual rule that the successful claimant is entitled to its costs, including those for planning evidence, as the claimant’s conduct did not cause unnecessary or wasted costs. The authority’s conduct did not reach the threshold for indemnity costs. Payment of compensation is not deferred, and any stay must be sought upon application for permission to appeal.

Parties
Claimant: Nofax Station Road Limited; Acquiring Authority: The London Borough of Barnet
Jurisdiction
England and Wales
Judgment Date
13 October 2025
Procedural Posture
Compulsory Purchase Compensation Reference / Costs Determination Following Compensation Award
Outcome
Claimant awarded its costs, including planning evidence, to be assessed on the standard basis if not agreed; no indemnity costs; no deferred payment of compensation.
Legal Topics
Costs, Compensation, Expert Evidence, Indemnity Costs, Deferred Payment, Compulsory Purchase
Land Law Compulsory Acquisition Civil Procedure Costs Compensation Expert Evidence Indemnity Costs Deferred Payment +1 more

Case Brief

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Parties

Nofax Station Road Limited

Claimant

The London Borough of Barnet

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Costs Determination Following Compensation Award

Legal Issues

  1. 1 Whether the claimant should be awarded the costs of its planning expert
  2. 2 Whether the claimant’s costs should be assessed on the indemnity basis
  3. 3 Whether payment of compensation should be deferred

Ratio Decidendi

The Tribunal found no special reason to depart from the usual rule that the successful claimant is entitled to its costs, including those for planning evidence, as the claimant’s conduct did not cause unnecessary or wasted costs. The authority’s conduct did not reach the threshold for indemnity costs. Payment of compensation is not deferred, and any stay must be sought upon application for permission to appeal.

Court Disposition

Claimant awarded its costs, including planning evidence, to be assessed on the standard basis if not agreed; no indemnity costs; no deferred payment of compensation.

Orders

  • Claimant awarded its costs of the reference, including planning evidence.
  • If costs not agreed, to be assessed on the standard basis.