Elghanian v Secretary of State for Housing, Communities and Local Government & Anor (Ruling on Costs) [2018] EWHC 4073 (Admin) (18 April 2018)

Elghanian v Secretary of State for Housing, Communities and Local Government & Anor (Ruling on Costs) [2018] EWHC 4073 (Admin) (18 April 2018)

The applicant should not be ordered to pay the Second Respondent's costs, as there was no separate issue requiring its representation and the Bolton principle applies. The costs regime for section 289 TCPA 1990 appeals is distinct from judicial review, so the Second Respondent is not entitled to costs for...

Source-derived case information.

Citation
[2018] EWHC 4073 (Admin)
Parties
Applicant: Iraj Elghanian; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / Ruling on Costs After Refusal of Permission to Appeal
Outcome
Second Respondent's application for costs refused; First Respondent's costs awarded as unopposed.
Legal Topics
Costs, Statutory Appeals, Permission to Appeal, Enforcement Notices
Planning Law Administrative Law Civil Procedure Costs Statutory Appeals Permission to Appeal Enforcement Notices

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Summary, issues, holding and outcome

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Parties

Iraj Elghanian

Applicant

Secretary of State for Housing, Communities and Local Government

First Respondent

London Borough of Brent

Second Respondent

Procedural Posture

Statutory Appeal Under Section 289 Town and Country Planning Act 1990 / Ruling on Costs After Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the applicant should pay the costs of both respondents after refusal of permission to appeal under section 289 TCPA 1990
  2. 2 Whether the local planning authority (Second Respondent) is entitled to costs for preparation of skeleton argument or attendance at hearing

Ratio Decidendi

The applicant should not be ordered to pay the Second Respondent's costs, as there was no separate issue requiring its representation and the Bolton principle applies. The costs regime for section 289 TCPA 1990 appeals is distinct from judicial review, so the Second Respondent is not entitled to costs for preparation of the skeleton argument by analogy to acknowledgment of service costs in judicial review.

Court Disposition

Second Respondent's application for costs refused; First Respondent's costs awarded as unopposed.

Orders

  • Applicant to pay First Respondent's costs in the sum of £4,734.00
  • Second Respondent's application for costs refused