Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor

Claimant entitled to full recovery of costs for substantive claim and interim injunction proceedings, except for costs of the Pre-action Protocol letter, which are not recoverable as the Claimant was not liable for them at the relevant time.

Parties
Claimant: Cherkley Campaign Limited; Defendant: Mole Valley District Council; Interested Party: Longshot Cherkley Court Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Judicial Review / Costs Ruling Following Substantive Judgment and Interim Injunction Proceedings
Outcome
Claimant awarded full costs of substantive claim and interim injunction proceedings, except for pre-action letter costs; orders stayed pending appeal.
Legal Topics
Costs, Judicial Review, Planning Permission, Interim Injunctions
Administrative Law Planning Law Civil Procedure Costs Judicial Review Planning Permission Interim Injunctions

Case Brief

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Parties

Cherkley Campaign Limited

Claimant

Mole Valley District Council

Defendant

Longshot Cherkley Court Limited

Interested Party

Procedural Posture

Judicial Review / Costs Ruling Following Substantive Judgment and Interim Injunction Proceedings

Legal Issues

  1. 1 Whether the Claimant is entitled to full recovery of costs despite not succeeding on all grounds
  2. 2 Whether costs of the Pre-action Protocol letter are recoverable
  3. 3 Whether the Interested Party should pay costs of interim injunction proceedings

Ratio Decidendi

Claimant entitled to full recovery of costs for substantive claim and interim injunction proceedings, except for costs of the Pre-action Protocol letter, which are not recoverable as the Claimant was not liable for them at the relevant time.

Court Disposition

Claimant awarded full costs of substantive claim and interim injunction proceedings, except for pre-action letter costs; orders stayed pending appeal.

Orders

  • Claimant’s costs of substantive claim to 22nd August 2013 to be paid by Defendant, except pre-action letter costs.
  • Claimant’s costs of interim injunction proceedings from 18th March 2013 to 22nd August 2013 to be paid by Interested Party.