Lillis v North West Water Ltd [2000] EWLands LCA_131_1997 (16 March 2000)

Lillis v North West Water Ltd [2000] EWLands LCA_131_1997 (16 March 2000)

The compensating authority was wholly successful as the claimant withdrew his claim; therefore, the claimant should pay the compensating authority's costs of the reference, except for the preliminary issue (no order as to costs) and the Order of 8 February 2000 (compensating authority to pay claimant's costs).

Citation
[2000] EWLands LCA_131_1997
Parties
Claimant: Stuart Lillis; Compensating Authority: North West Water Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2000
Procedural Posture
Compulsory Purchase Compensation Reference / Decision on Costs After Withdrawal of Claim
Outcome
Claimant to pay compensating authority's costs of the reference except for the preliminary issue (no order as to costs) and the Order of 8 February 2000 (compensating authority to pay claimant's costs).
Legal Topics
Costs, Withdrawal of Claim, Preliminary Issue, Compensation for Laying of Water Main
Compulsory Purchase Land Law Civil Procedure Costs Withdrawal of Claim Preliminary Issue Compensation for Laying of Water Main

Case Brief

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Parties

Stuart Lillis

Claimant

North West Water Limited

Compensating Authority

Procedural Posture

Compulsory Purchase Compensation Reference / Decision on Costs After Withdrawal of Claim

Legal Issues

  1. 1 Who is liable for the costs of the reference after the claimant withdrew the compensation claim?
  2. 2 Should there be a different order for costs regarding the preliminary issue and specific periods/orders?

Ratio Decidendi

The compensating authority was wholly successful as the claimant withdrew his claim; therefore, the claimant should pay the compensating authority's costs of the reference, except for the preliminary issue (no order as to costs) and the Order of 8 February 2000 (compensating authority to pay claimant's costs).

Court Disposition

Claimant to pay compensating authority's costs of the reference except for the preliminary issue (no order as to costs) and the Order of 8 February 2000 (compensating authority to pay claimant's costs).

Orders

  • Claimant to pay compensating authority's costs of the reference and this hearing, except for preliminary issue and Order of 8 February 2000.
  • No order as to costs for the preliminary issue.