Aldemir v Cornwall Council

Aldemir v Cornwall Council

Section 181(2) of the Licensing Act 2003 empowers magistrates to make costs orders against non-parties, but such orders must be made following a fair procedure. In this case, the lack of notice and opportunity to respond rendered the procedure unfair, requiring the costs orders to be set aside and reconsidered.

Parties
Appellant: Memet Aldemir; Respondent: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
13 September 2019
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Costs Orders, Non Party Costs, Natural Justice, Appeals From Licensing Decisions
Administrative Law Licensing Law Civil Procedure Costs Orders Non Party Costs Natural Justice Appeals From Licensing Decisions

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Parties

Memet Aldemir

Appellant

Cornwall Council

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Does section 181(2) of the Licensing Act 2003 empower magistrates to make costs orders against non-parties?
  2. 2 Was a fair procedure followed in making the costs order against Mr Aldemir?
  3. 3 Was it reasonable to make a costs order against Mr Aldemir?

Ratio Decidendi

Section 181(2) of the Licensing Act 2003 empowers magistrates to make costs orders against non-parties, but such orders must be made following a fair procedure. In this case, the lack of notice and opportunity to respond rendered the procedure unfair, requiring the costs orders to be set aside and reconsidered.

Court Disposition

appeal allowed

Orders

  • The costs orders made against Mr Aldemir are set aside.
  • The applications for costs are to be reconsidered by the District Judge.