Easter, R (On the Application Of) v Mid-Suffolk District Council & Anor

Easter, R (On the Application Of) v Mid-Suffolk District Council & Anor

The Interested Party, by actively resisting the claim and applying to file an acknowledgment of service out of time after the Defendant was prepared to concede, took on the burden of defending the claim and caused the need for an oral hearing and additional costs. The judge was entitled to apportion costs accordingly, and there was no error of principle or injustice in the exercise of discretion.

Parties
Claimant: Cheryl Easter; Defendant: Mid-Suffolk District Council; Interested Party / Appellant: Debenham Antiques Ltd
Jurisdiction
England and Wales
Judgment Date
27 October 2020
Procedural Posture
Judicial Review / Appeal Against Costs Order After Consent Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Costs Orders, Planning Permission, Civil Procedure Rules
Civil Procedure Administrative Law Judicial Review Costs Orders Planning Permission Civil Procedure Rules

Case Brief

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Parties

Cheryl Easter

Claimant

Mid-Suffolk District Council

Defendant

Debenham Antiques Ltd

Interested Party / Appellant

Procedural Posture

Judicial Review / Appeal Against Costs Order After Consent Judgment

Legal Issues

  1. 1 Whether the Interested Party should be liable for the Claimant’s costs incurred after 5 February 2019
  2. 2 Whether the actions of the Interested Party necessitated an oral hearing and additional costs
  3. 3 Interpretation of CPR Part 54 regarding the necessity of a hearing after refusal of permission on the papers

Ratio Decidendi

The Interested Party, by actively resisting the claim and applying to file an acknowledgment of service out of time after the Defendant was prepared to concede, took on the burden of defending the claim and caused the need for an oral hearing and additional costs. The judge was entitled to apportion costs accordingly, and there was no error of principle or injustice in the exercise of discretion.

Court Disposition

Appeal dismissed

Orders

  • Costs order against Interested Party for Claimant’s costs incurred after 5 February 2019 stands
  • No order as to costs of the appeal specified