Shanks, R (on the application of) v North Tyneside Council

The claimants are entitled to their costs as they obtained the declaration sought, and the legal issue was clear; costs could have been saved by earlier reconsideration by the defendants.

Parties: Claimant: The Queen on the application of Shanks; Defendant: North Tyneside Council
Jurisdiction: England and Wales
Judgment Date: 03 July 2003
Procedural Posture: Judicial Review / Judgment on Costs and Consent Declaration
Outcome: Declaration granted by consent; costs awarded to claimant; no order as to magistrates' court costs.
Legal Topics: Licensing, Costs, Judicial Review

Administrative Law Licensing Costs Judicial Review

Case Brief

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Parties

The Queen on the application of Shanks

Claimant

North Tyneside Council

Defendant

Procedural Posture

Judicial Review / Judgment on Costs and Consent Declaration

Legal Issues

1 Whether a private hire vehicle operator is precluded from using Hackney Carriages for private hiring
2 Appropriate order for costs following settlement by consent

Ratio Decidendi

The claimants are entitled to their costs as they obtained the declaration sought, and the legal issue was clear; costs could have been saved by earlier reconsideration by the defendants.

Court Disposition

Declaration granted by consent; costs awarded to claimant; no order as to magistrates' court costs.

Orders

Declaration by consent that a private hire vehicle operator is not precluded from using Hackney Carriages for private hiring.
Defendants to pay claimant's costs of these proceedings, subject to detailed assessment, venue Newcastle-upon-Tyne County Court if agreed.