Kent, R (On the Application Of) v Teesside Magistrates Court

Kent, R (On the Application Of) v Teesside Magistrates Court

The Interested Party actively opposed the application and was unsuccessful; CPR 45.45(3) and CPRE [2019] EWCA Civ 1230 confirm that interested parties are subject to the Aarhus costs cap and can be liable for costs. The entirety of reasonable costs are awarded against the Interested Party, with a modest reduction for potential duplication in legal research.

Parties
Claimant: Donald John Kent; Defendant: Teesside Magistrates Court; Interested Party: HJ Banks and Company Limited
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Judicial Review / Costs Determination Following Substantive Judgment
Outcome
Costs awarded in favour of the Claimant against the Interested Party; no order as to costs between Claimant and Defendant.
Legal Topics
Aarhus Convention, Costs Protection, CPR 45.41 45.44
Environmental Law Civil Procedure Aarhus Convention Costs Protection CPR 45.41 45.44

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Parties

Donald John Kent

Claimant

Teesside Magistrates Court

Defendant

HJ Banks and Company Limited

Interested Party

Procedural Posture

Judicial Review / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded against the Interested Party in an Aarhus Convention claim
  2. 2 Quantum of costs to be awarded
  3. 3 Power to award costs against Interested Party

Ratio Decidendi

The Interested Party actively opposed the application and was unsuccessful; CPR 45.45(3) and CPRE [2019] EWCA Civ 1230 confirm that interested parties are subject to the Aarhus costs cap and can be liable for costs. The entirety of reasonable costs are awarded against the Interested Party, with a modest reduction for potential duplication in legal research.

Court Disposition

Costs awarded in favour of the Claimant against the Interested Party; no order as to costs between Claimant and Defendant.

Orders

  • Interested Party to pay Claimant’s costs of the renewed application in the sum of £24,000 inclusive of VAT.
  • Claimant is entitled to costs protection limiting total adverse costs liability to £5,000 with a reciprocal cap of £35,000.