Senior -Milne, R (On the Application Of) v Her Majesty's Treasury [2013] EWHC 700 (Admin) (26 February 2013)

Senior -Milne, R (On the Application Of) v Her Majesty's Treasury [2013] EWHC 700 (Admin) (26 February 2013)

The court held that HM Treasury was entitled to 50% of the costs thrown away by the adjournment, the full costs of today's hearing, and the full costs of the Acknowledgement of Service, as these were fair and reasonable in the circumstances. The claimant failed to justify the adjournment or provide cogent...

Source-derived case information.

Citation
[2013] EWHC 700 (Admin)
Parties
Claimant: Senior-Milne; Defendant: Her Majesty's Treasury
Jurisdiction
England and Wales
Judgment Date
26 February 2013
Procedural Posture
Judicial Review / Costs Hearing Following Refusal of Permission
Outcome
Costs awarded in part and in full as specified; consideration of extended civil restraint order indicated.
Legal Topics
Costs, Judicial Review, Civil Restraint Orders
Administrative Law Civil Procedure Costs Judicial Review Civil Restraint Orders

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Parties

Senior-Milne

Claimant

Her Majesty's Treasury

Defendant

Procedural Posture

Judicial Review / Costs Hearing Following Refusal of Permission

  1. 1 Whether HM Treasury is entitled to costs for three tranches: adjournment, today's hearing, and Acknowledgement of Service
  2. 2 Whether the costs claimed are fair and reasonable
  3. 3 Whether an extended civil restraint order should be made

Ratio Decidendi

The court held that HM Treasury was entitled to 50% of the costs thrown away by the adjournment, the full costs of today's hearing, and the full costs of the Acknowledgement of Service, as these were fair and reasonable in the circumstances. The claimant failed to justify the adjournment or provide cogent submissions against the costs.

Court Disposition

Costs awarded in part and in full as specified; consideration of extended civil restraint order indicated.

Orders

  • Claimant to pay 50% of £4,669 for adjournment costs to defendant.
  • Claimant to pay £1,734 for today's hearing costs to defendant.