Davey v Aylesbury Vale District Council

Davey v Aylesbury Vale District Council

An order for costs in favour of a successful respondent to judicial review proceedings, made after a full hearing, includes pre-permission costs reasonably incurred unless expressly excluded. However, the defendant must justify such costs as reasonable and proportionate, and the trial judge should specify the scope of recoverable costs in the order.

Parties
Appellant: Davey; Respondent: Aylesbury Vale District Council
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Costs in Judicial Review, Pre Permission Costs, Practice Directions, Environmental Litigation
Civil Procedure Administrative Law Costs in Judicial Review Pre Permission Costs Practice Directions Environmental Litigation

Case Brief

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Parties

Davey

Appellant

Aylesbury Vale District Council

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether an order for costs in favour of a successful respondent to judicial review includes costs incurred prior to the grant of permission unless expressly excluded.

Ratio Decidendi

An order for costs in favour of a successful respondent to judicial review proceedings, made after a full hearing, includes pre-permission costs reasonably incurred unless expressly excluded. However, the defendant must justify such costs as reasonable and proportionate, and the trial judge should specify the scope of recoverable costs in the order.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of Forbes J stands: the claimant to pay 75% of the respondent's costs, excluding costs of the permission hearing, subject to detailed assessment.