Davey v Aylesbury Vale District Council [2007] EWHC 116 (QB) (01 February 2007)

Davey v Aylesbury Vale District Council [2007] EWHC 116 (QB) (01 February 2007)

The order of Forbes J, properly interpreted in the context of judicial review practice and relevant authorities, entitled the respondent to recover 75% of its costs, including pre-permission costs, except for the costs of the permission hearing. There was no basis to exclude pre-permission costs beyond...

Source-derived case information.

Citation
[2007] EWHC 116 (QB)
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 / Appeal From Costs Ruling After Substantive Hearing
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Costs Orders, Interpretation of Court Orders
Administrative Law Civil Procedure Judicial Review Costs Orders Interpretation of Court Orders

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Parties

Jonathan Davey

Appellant/claimant

Aylesbury Vale District Council

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Appeal From Costs Ruling After Substantive Hearing

Legal Issues

  1. 1 Whether a costs order in judicial review proceedings includes pre-permission costs beyond acknowledgment of service and grounds of opposition
  2. 2 Proper interpretation of a costs order made after a substantive hearing in judicial review

Ratio Decidendi

The order of Forbes J, properly interpreted in the context of judicial review practice and relevant authorities, entitled the respondent to recover 75% of its costs, including pre-permission costs, except for the costs of the permission hearing. There was no basis to exclude pre-permission costs beyond acknowledgment of service and grounds of opposition.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay 75% of respondent's costs, including pre-permission costs, except for costs of the permission hearing