SO, R (on the application of) v Thanet District Council

SO, R (on the application of) v Thanet District Council

SO was the successful party as she established that Thanet District Council had failed to issue any effective section 77 direction against her, making her continued occupation of the land lawful. She is entitled to 60% of her costs in the High Court and all her costs in the Court of Appeal. No set-off of costs arises.

Parties
Applicant: SO; Respondent: Thanet District Council; Interested Party: Kent County Council; Interested Party: The Crown Estate; Interested Party: The Justices at Maidstone Magistrates' Court
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Costs Determination After Appeal
Outcome
SO awarded 60% of High Court costs and all Court of Appeal costs; payment on account of costs ordered; no set-off permitted.
Legal Topics
Costs, Judicial Review, Local Government Powers, Statutory Interpretation
Administrative Law Civil Procedure Costs Judicial Review Local Government Powers Statutory Interpretation

Case Brief

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Parties

SO

Applicant

Thanet District Council

Respondent

Kent County Council

Interested Party

The Crown Estate

Interested Party

The Justices at Maidstone Magistrates' Court

Interested Party

Procedural Posture

Judicial Review / Costs Determination After Appeal

Legal Issues

  1. 1 Whether SO is entitled to costs as the successful party in judicial review proceedings
  2. 2 Whether Thanet District Council can set off its costs against SO's costs
  3. 3 Appropriate percentage of costs to award given partial success

Ratio Decidendi

SO was the successful party as she established that Thanet District Council had failed to issue any effective section 77 direction against her, making her continued occupation of the land lawful. She is entitled to 60% of her costs in the High Court and all her costs in the Court of Appeal. No set-off of costs arises.

Court Disposition

SO awarded 60% of High Court costs and all Court of Appeal costs; payment on account of costs ordered; no set-off permitted.

Orders

  • SO to receive 60% of her costs in the High Court.
  • SO to receive all her costs in the Court of Appeal.