Greenpeace Ltd, R (on the application of) v Secretary Of State For Environment, Food & Rural Affairs & Anor [2002] EWCA Civ 1240 (25 July 2002)

Greenpeace Ltd, R (on the application of) v Secretary Of State For Environment, Food & Rural Affairs & Anor [2002] EWCA Civ 1240 (25 July 2002)

Costs were awarded to the Secretary of State and Customs and Excise as successful parties. No costs were awarded to the interested party for the appeal as their participation was unnecessary after clarification. The High Court's costs order in favour of the interested party was upheld as the judge exercised his discretion properly. Permission to appeal to the House of Lords was refused as the matter was historic and the issue narrow.

Citation
[2002] EWCA Civ 1240
Parties
Claimant/appellant: Greenpeace Limited; First Defendant/respondent: Secretary of State for the Environment, Food and Rural Affairs; Second Defendant/respondent: The Commissioners of Customs and Excise; Interested Party: Alan Thomas Craig Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2002
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal; Applications for Costs and Permission to Appeal
Outcome
Applications for costs by Secretary of State and Customs and Excise granted; application for costs by interested party refused; appeal against High Court costs order dismissed; permission to appeal to House of Lords refused.
Legal Topics
Judicial Review, Costs Orders, Permission to Appeal, Public Interest Litigation
Administrative Law Environmental Law Judicial Review Costs Orders Permission to Appeal Public Interest Litigation

Case Brief

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Parties

Greenpeace Limited

Claimant/appellant

Secretary of State for the Environment, Food and Rural Affairs

First Defendant/respondent

The Commissioners of Customs and Excise

Second Defendant/respondent

Alan Thomas Craig Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal; Applications for Costs and Permission to Appeal

Legal Issues

  1. 1 Whether costs should be awarded to the Secretary of State and Customs and Excise against Greenpeace
  2. 2 Whether the interested party should receive costs for the appeal
  3. 3 Whether the High Court's costs order in favour of the interested party should be overturned

Ratio Decidendi

Costs were awarded to the Secretary of State and Customs and Excise as successful parties. No costs were awarded to the interested party for the appeal as their participation was unnecessary after clarification. The High Court's costs order in favour of the interested party was upheld as the judge exercised his discretion properly. Permission to appeal to the House of Lords was refused as the matter was historic and the issue narrow.

Court Disposition

Applications for costs by Secretary of State and Customs and Excise granted; application for costs by interested party refused; appeal against High Court costs order dismissed; permission to appeal to House of Lords refused.

Orders

  • Costs awarded to Secretary of State and Customs and Excise, subject to detailed assessment if not agreed.
  • No order for costs in favour of interested party for the appeal.