Senior -Milne, R (On the Application Of) v Her Majesty's Treasury

Senior -Milne, R (On the Application Of) v Her Majesty's Treasury

The court held that HM Treasury was entitled to 50% of the costs thrown away by the adjournment, the full costs of the hearing, and the full costs of the Acknowledgement of Service, as these sums were fair and reasonable. The adjournment was unjustified, and the respondent's attendance and submissions were proper.

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 Permission Refusal
Outcome
Costs awarded to the defendant (HM Treasury) 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 Permission Refusal

Legal Issues

  1. 1 Whether HM Treasury is entitled to three tranches of costs following adjournment and permission refusal
  2. 2 Whether the costs claimed are fair and reasonable
  3. 3 Whether a detailed Acknowledgement of Service was necessary at the permission stage

Ratio Decidendi

The court held that HM Treasury was entitled to 50% of the costs thrown away by the adjournment, the full costs of the hearing, and the full costs of the Acknowledgement of Service, as these sums were fair and reasonable. The adjournment was unjustified, and the respondent's attendance and submissions were proper.

Court Disposition

Costs awarded to the defendant (HM Treasury) as specified; consideration of extended civil restraint order indicated.

Orders

  • Defendant to receive 50% of £4,669 for costs thrown away by adjournment.
  • Defendant to receive £1,734 for costs of the hearing.