Davey v Aylesbury Vale District Council

Davey v Aylesbury Vale District Council

Judges of the Administrative Court have discretion to award pre-permission costs against unsuccessful claimants after a substantive hearing, and Forbes J's order should be interpreted to include 75% of the defendant's costs, including pre-permission costs but excluding the costs of the permission hearing.

Parties
Appellant/claimant: Jonathan Davey; Respondent/defendant: Aylesbury Vale District Council
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Judicial Review / Appeal Against Taxation of Costs
Outcome
Appeal dismissed
Legal Topics
Costs in Judicial Review, Interpretation of Costs Orders, Pre Permission Costs
Administrative Law Civil Procedure Costs in Judicial Review Interpretation of Costs Orders Pre Permission Costs

Case Brief

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Parties

Jonathan Davey

Appellant/claimant

Aylesbury Vale District Council

Respondent/defendant

Procedural Posture

Judicial Review / Appeal Against Taxation of Costs

Legal Issues

  1. 1 Whether the claimant is liable for pre-permission costs under Forbes J's order except for costs of acknowledgment of service and grounds of opposition
  2. 2 Interpretation of costs orders in judicial review proceedings

Ratio Decidendi

Judges of the Administrative Court have discretion to award pre-permission costs against unsuccessful claimants after a substantive hearing, and Forbes J's order should be interpreted to include 75% of the defendant's costs, including pre-permission costs but excluding the costs of the permission hearing.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay 75% of the defendant's costs, including pre-permission costs but excluding costs of the permission hearing