Drain, R (On the Application Of) v Birmingham Crown Court [2018] EWHC 1605 (Admin) (25 June 2018)

Drain, R (On the Application Of) v Birmingham Crown Court [2018] EWHC 1605 (Admin) (25 June 2018)

BCC is entitled to recover its costs, including storage costs, as they are incidental to the proceedings and were incurred at the specific request of Mr Drain's solicitors. The public authority status of BCC does not preclude recovery of such costs.

Citation
[2018] EWHC 1605 (Admin)
Parties
Claimant: Leslie John Drain; Defendant: Birmingham Crown Court; Interested Party: Birmingham Trading Standards (of 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 Judgment
Outcome
Costs awarded to Birmingham Trading Standards (BCC) against Mr Drain.
Legal Topics
Costs of Proceedings, Forfeiture Order, Storage Costs, Summary Assessment
Administrative Law Costs Costs of Proceedings Forfeiture Order Storage Costs Summary Assessment

Case Brief

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Parties

Leslie John Drain

Claimant

Birmingham Crown Court

Defendant

Birmingham Trading Standards (of Birmingham City Council)

Interested Party

Department for Business, Energy and Industrial Strategy

Intervener

Procedural Posture

Judicial Review / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 Whether Birmingham Trading Standards is entitled to recover storage costs as costs incidental to the proceedings
  2. 2 Whether the public authority status of BCC affects entitlement to costs

Ratio Decidendi

BCC is entitled to recover its costs, including storage costs, as they are incidental to the proceedings and were incurred at the specific request of Mr Drain's solicitors. The public authority status of BCC does not preclude recovery of such costs.

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.