Basildon Borough Council v Eliza Saunders & Ors

Basildon Borough Council v Eliza Saunders & Ors

The fifth defendant was the successful party at the final hearing, having resisted a final mandatory injunction requiring her and her children to vacate the land. The claimant failed to reassess its position after new evidence emerged and rejected a reasonable pre-hearing concession. Therefore, the claimant should pay the fifth defendant's costs from 18 October 2024, with 50% payable on account within 28 days.

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
Civil (planning Injunction) / Costs Judgment After Final Hearing
Outcome
Claimant to pay fifth defendant's costs from 18 October 2024, with 50% on account within 28 days; detailed assessment of legally aided costs; costs in the case for other parties.
Legal Topics
Injunctions, Costs, Enforcement Notices, Planning Appeals, Legal Aid
Planning Law Civil Procedure Injunctions Costs Enforcement Notices Planning Appeals Legal Aid

Case Brief

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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

Civil (planning Injunction) / Costs Judgment After Final Hearing

Legal Issues

  1. 1 Whether the claimant or the fifth defendant should bear the costs of the final hearing regarding the application for a final mandatory injunction
  2. 2 Whether the claimant acted proportionately in pursuing a final injunction after new evidence emerged
  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 requiring her and her children to vacate the land. The claimant failed to reassess its position after new evidence emerged and rejected a reasonable pre-hearing concession. Therefore, the claimant should pay the fifth defendant's costs from 18 October 2024, with 50% payable on account within 28 days.

Court Disposition

Claimant to pay fifth defendant's costs from 18 October 2024, with 50% on account within 28 days; detailed assessment of legally aided costs; costs in the case for other parties.

Orders

  • 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.
  • The claimant shall pay 50% of the fifth defendant’s bill of costs from 18 October 2024, on account of those costs, within 28 days of receipt.