Golding v Secretary of State for Communities and Local Government & Ors

Golding v Secretary of State for Communities and Local Government & Ors

The Inspector's costs orders were not irrational or unreasonable. The claimant acted unreasonably in failing to submit evidence on time and not instructing alternative counsel. Judicial review is the proper route to challenge such costs awards. The claim is dismissed.

Parties
Claimant: Joanna Golding; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Lindsey District Council; Third Defendant: GBM Waste Management Ltd
Jurisdiction
England and Wales
Judgment Date
27 April 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review of Costs Orders, Planning Appeals, Costs Assessment, Procedural Fairness
Administrative Law Planning Law Judicial Review of Costs Orders Planning Appeals Costs Assessment Procedural Fairness

Case Brief

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Parties

Joanna Golding

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Lindsey District Council

Second Defendant

GBM Waste Management Ltd

Third Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector's costs orders were irrational or unreasonable under Wednesbury principles
  2. 2 Whether the correct route to challenge costs awards is judicial review or section 288 application
  3. 3 Whether late submission of evidence justified costs orders against the claimant

Ratio Decidendi

The Inspector's costs orders were not irrational or unreasonable. The claimant acted unreasonably in failing to submit evidence on time and not instructing alternative counsel. Judicial review is the proper route to challenge such costs awards. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Claimant to pay the first defendant's costs of the application, summarily assessed at £6,000, to be paid on or before 27th July 2012