Cotham School v Bristol City Council & Ors [2024] EWHC 154 (Ch) (02 February 2024)

Cotham School v Bristol City Council & Ors [2024] EWHC 154 (Ch) (02 February 2024)

Bristol City Council must appear only once on the record, regardless of its multiple capacities; separate legal representation for different capacities is not permitted. If a conflict arises, an appropriate person must be joined to represent the affected interest. The procedural rule applies to all civil litigation, not just trusts or estates.

Citation
[2024] EWHC 154 (Ch)
Parties
Claimant: Cotham School; First Defendant: Bristol City Council; Second Defendant: Katharine Welham; Third Defendant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
CPR Part 8 Claim Under Commons Registration Act 1965 S.14 / Directions Hearing/preliminary Issues
Outcome
Ordered that Bristol City Council appear only once on the record; two acknowledgments of service withdrawn and replaced by one; City Council to be represented by a single legal team.
Legal Topics
Town and Village Green Registration, Commons Registration, Procedural Rules—party Representation, Costs Protection Orders
Property Law Administrative Law Civil Procedure Town and Village Green Registration Commons Registration Procedural Rules—party Representation Costs Protection Orders

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Parties

Cotham School

Claimant

Bristol City Council

First Defendant

Katharine Welham

Second Defendant

Bristol City Council

Third Defendant

Procedural Posture

CPR Part 8 Claim Under Commons Registration Act 1965 S.14 / Directions Hearing/preliminary Issues

Legal Issues

  1. 1 Whether Bristol City Council can appear twice on the record in different capacities
  2. 2 Whether costs protection should be granted to the claimant under the Aarhus Convention, Corner House principles, or CPR 3.19

Ratio Decidendi

Bristol City Council must appear only once on the record, regardless of its multiple capacities; separate legal representation for different capacities is not permitted. If a conflict arises, an appropriate person must be joined to represent the affected interest. The procedural rule applies to all civil litigation, not just trusts or estates.

Court Disposition

Ordered that Bristol City Council appear only once on the record; two acknowledgments of service withdrawn and replaced by one; City Council to be represented by a single legal team.

Orders

  • City Council to file a single acknowledgment of service.
  • City Council may participate with one legal team.