Croyde Area Residents Association, R (On the Application Of) v North Devon District Council

Croyde Area Residents Association, R (On the Application Of) v North Devon District Council

The consent order should be varied to make the costs cap inclusive of VAT, reflecting the proper meaning of CPR 45.43 as clarified by the Court of Appeal and the likely intention of the parties had the judgment been available at the time.

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 to Vary Consent Order 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
Costs Capping, Aarhus Convention Claims, Variation of Consent Orders, VAT on Costs, Permission to Appeal
Civil Procedure Environmental Law Costs Capping Aarhus Convention Claims Variation of Consent Orders VAT on Costs Permission to Appeal

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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 to Vary Consent Order 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, reflecting the proper meaning of CPR 45.43 as clarified by the Court of Appeal and the likely intention of the parties had the judgment been available at the time.

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 so that the costs cap is £35,000 inclusive of VAT.
  • Permission to appeal is a matter for the Court of Appeal.