City Portfolio Ltd, R (on the application of) v Lancaster City Council

City Portfolio Ltd, R (on the application of) v Lancaster City Council

The claimant achieved the outcome sought in the judicial review—merits reconsideration with public consultation—causally linked to the claim. However, the defendant could have avoided costs liability by acting at the pre-action stage or promptly after proceedings commenced. Justice requires the defendant to pay the...

Source-derived case information.

Parties
Claimant: City Portfolio Ltd; Defendant: Lancaster City Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Costs Determination After Withdrawal of Claim
Outcome
Defendant to pay claimant's costs incurred after 11 March 2022, on the standard basis, subject to detailed assessment if not agreed.
Legal Topics
Costs in Judicial Review, Conservation Area Designation, Public Consultation, Causal Link in Costs Orders
Administrative Law Planning Law Costs in Judicial Review Conservation Area Designation Public Consultation Causal Link in Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

City Portfolio Ltd

Claimant

Lancaster City Council

Defendant

Procedural Posture

Judicial Review / Costs Determination After Withdrawal of Claim

Legal Issues

  1. 1 Whether the claimant is entitled to costs after the claim became academic
  2. 2 Whether there was a causal link between the judicial review claim and the defendant's decision to undertake public consultation and merits reconsideration
  3. 3 Whether the defendant's actions amounted to vindication of the claimant's position on the issues raised

Ratio Decidendi

The claimant achieved the outcome sought in the judicial review—merits reconsideration with public consultation—causally linked to the claim. However, the defendant could have avoided costs liability by acting at the pre-action stage or promptly after proceedings commenced. Justice requires the defendant to pay the claimant's costs incurred after 11 March 2022, but not before.

Court Disposition

Defendant to pay claimant's costs incurred after 11 March 2022, on the standard basis, subject to detailed assessment if not agreed.

Orders

  • Defendant shall pay claimant's costs of judicial review proceedings incurred after 11 March 2022 on the standard basis, subject to detailed assessment if not agreed.
  • No order as to costs for the period before 11 March 2022.