Drain, R (On the Application Of) v Birmingham Crown Court

Drain, R (On the Application Of) v Birmingham Crown Court

BCC is entitled to its costs, including storage costs, as they are incidental to the proceedings and were incurred at the request of Mr Drain's solicitors; there is no basis to treat a public authority differently from a private party in this context.

Source-derived case information.

Parties
Claimant: Leslie John Drain; Defendant: Birmingham Crown Court; Interested Party: Birmingham Trading Standards (Birmingham City Council); Intervener: Department for Business, Energy and Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
25 June 2018
Procedural Posture
Judicial Review / Costs Judgment Following Substantive Decision
Outcome
Costs awarded to Birmingham Trading Standards (BCC) against Mr Drain.
Legal Topics
Costs, Forfeiture, Judicial Review
Civil Procedure Costs Forfeiture Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Leslie John Drain

Claimant

Birmingham Crown Court

Defendant

Birmingham Trading Standards (Birmingham City Council)

Interested Party

Department for Business, Energy and Industrial Strategy

Intervener

Procedural Posture

Judicial Review / Costs Judgment Following Substantive Decision

Legal Issues

  1. 1 Whether Birmingham Trading Standards is entitled to costs, including storage costs, from Mr Drain after failing in his challenge to a forfeiture order

Ratio Decidendi

BCC is entitled to its costs, including storage costs, as they are incidental to the proceedings and were incurred at the request of Mr Drain's solicitors; there is no basis to treat a public authority differently from a private party in this context.

Court Disposition

Costs awarded to Birmingham Trading Standards (BCC) against Mr Drain.

Orders

  • Mr Drain to pay BCC's costs assessed at £11,000, including £5,750 for storage costs.