Basildon Borough Council v Saunders & Ors (Re Costs) [2025] EWHC 127 (KB) (24 January 2025)

Basildon Borough Council v Saunders & Ors (Re Costs) [2025] EWHC 127 (KB) (24 January 2025)

The fifth defendant was the successful party at the final hearing, having resisted a final mandatory injunction for eviction. The claimant failed to conduct a welfare assessment or review proportionality after new evidence emerged. The general rule on costs applies, and the claimant must pay the fifth defendant's costs from 18 October 2024, with 50% payable on account.

Citation
[2025] EWHC 127 (KB)
Parties
Claimant: Basildon Borough Council; Defendant: Eliza Saunders; Defendant: John Burton Jnr; Defendant: John Burton Snr; Defendant: George Cook; Defendant: Shannon Greaves; Defendant: Elizabeth Cooper; Defendant: William Homes; Defendant: Elizabeth Coyle; Defendant: Persons Unknown (Undertaking operational development on land known as land to the rear of Sunnyside, Lower Avenue, Bowers Gifford, Basildon, Essex without a lawful planning consent and/or seeking to change the use of the land including a change in use to a caravan site without lawful planning consent)
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Injunction (planning Enforcement) / Costs Judgment Following Final Hearing
Outcome
Claimant ordered to pay fifth defendant's costs from 18 October 2024, with 50% on account, subject to detailed assessment.
Legal Topics
Injunctions, Planning Enforcement, Costs Orders, Welfare Assessment, Proportionality
Planning Law Civil Procedure Injunctions Planning Enforcement Costs Orders Welfare Assessment Proportionality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Basildon Borough Council

Claimant

Eliza Saunders

Defendant

John Burton Jnr

Defendant

John Burton Snr

Defendant

George Cook

Defendant

Shannon Greaves

Defendant

Elizabeth Cooper

Defendant

William Homes

Defendant

Elizabeth Coyle

Defendant

Persons Unknown (Undertaking operational development on land known as land to the rear of Sunnyside, Lower Avenue, Bowers Gifford, Basildon, Essex without a lawful planning consent and/or seeking to change the use of the land including a change in use to a caravan site without lawful planning consent)

Defendant

Procedural Posture

Injunction (planning Enforcement) / Costs Judgment Following Final Hearing

Legal Issues

  1. 1 Whether the claimant should pay the fifth defendant's costs after resisting a final mandatory injunction
  2. 2 Whether the claimant failed to conduct a welfare assessment before seeking final injunctive relief
  3. 3 Whether the general rule on costs under CPR 44.2 applies in favour of the fifth defendant

Ratio Decidendi

The fifth defendant was the successful party at the final hearing, having resisted a final mandatory injunction for eviction. The claimant failed to conduct a welfare assessment or review proportionality after new evidence emerged. The general rule on costs applies, and the claimant must pay the fifth defendant's costs from 18 October 2024, with 50% payable on account.

Court Disposition

Claimant ordered to pay fifth defendant's costs from 18 October 2024, with 50% on account, subject to detailed assessment.

Orders

  • Costs in the case, save between the claimant and the fifth defendant as provided below.
  • The claimant shall pay the fifth defendant's costs including those occasioned by costs submissions since 18 October 2024, such costs, if not agreed, to be subject of detailed assessment.