Croyde Area Residents Association, R (On the Application Of) v North Devon District Council [2021] EWHC 703 (Admin) (23 March 2021)

Croyde Area Residents Association, R (On the Application Of) v North Devon District Council [2021] EWHC 703 (Admin) (23 March 2021)

The consent order should be varied to make the costs cap inclusive of VAT, as the authoritative interpretation of CPR 45.43 by the Court of Appeal in Friends of the Earth establishes that the cap is inclusive of VAT, and the order would not have excluded VAT if made after that decision.

Citation
[2021] EWHC 703 (Admin)
Parties
Claimant: Croyde Area Residents Association; Defendant: North Devon District Council; Interested Party: Parkdean Holiday Parks Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Judicial Review / Post Judgment Application Regarding Costs and Permission to Appeal
Outcome
Consent order varied to make costs cap inclusive of VAT; permission to appeal left to the Court of Appeal.
Legal Topics
Aarhus Convention, Protective Costs Order, Costs Cap, VAT on Costs, Consent Orders
Administrative Law Environmental Law Civil Procedure Aarhus Convention Protective Costs Order Costs Cap VAT on Costs Consent Orders

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Parties

Croyde Area Residents Association

Claimant

North Devon District Council

Defendant

Parkdean Holiday Parks Limited

Interested Party

Procedural Posture

Judicial Review / Post Judgment Application Regarding Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the costs cap in the consent order should be inclusive or exclusive of VAT
  2. 2 Whether permission to appeal should be granted

Ratio Decidendi

The consent order should be varied to make the costs cap inclusive of VAT, as the authoritative interpretation of CPR 45.43 by the Court of Appeal in Friends of the Earth establishes that the cap is inclusive of VAT, and the order would not have excluded VAT if made after that decision.

Court Disposition

Consent order varied to make costs cap inclusive of VAT; permission to appeal left to the Court of Appeal.

Orders

  • Consent order varied: costs cap is £35,000 inclusive of VAT.
  • Permission to appeal to be determined by the Court of Appeal.