Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council

The Council must comply with the orders proposed in the earlier judgment, including setting fees within three months, addressing surplus fee income, and paying the claimants' costs and interest under CPR Part 36, as it is not unjust for those consequences to follow.

Parties
Claimant: Timothy Martin Hemming (trading as Simply Pleasure Ltd); Claimant: James Alan Poulton (trading as Soho Original Book); Claimant: Harmony Limited; Claimant: Gatisle Limited (trading as Janus); Claimant: Winart Publications Limited; Claimant: Darker Enterprises Limited; Claimant: Swish Publications Limited; Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
12 June 2012
Procedural Posture
Judicial Review / Post Judgment Relief and Costs Determination
Outcome
Claim allowed; relief and costs awarded as per judgment.
Legal Topics
Licensing Fees, Costs, Part 36 Offers, Judicial Review Remedies
Administrative Law Local Government Law Licensing Fees Costs Part 36 Offers Judicial Review Remedies

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Parties

Timothy Martin Hemming (trading as Simply Pleasure Ltd)

Claimant

James Alan Poulton (trading as Soho Original Book)

Claimant

Harmony Limited

Claimant

Gatisle Limited (trading as Janus)

Claimant

Winart Publications Limited

Claimant

Darker Enterprises Limited

Claimant

Swish Publications Limited

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Post Judgment Relief and Costs Determination

Legal Issues

  1. 1 What is the appropriate form of relief following the substantive judgment on licensing fees?
  2. 2 Should the Council pay costs and interest under CPR Part 36?
  3. 3 How should surplus licensing fee income be addressed?

Ratio Decidendi

The Council must comply with the orders proposed in the earlier judgment, including setting fees within three months, addressing surplus fee income, and paying the claimants' costs and interest under CPR Part 36, as it is not unjust for those consequences to follow.

Court Disposition

Claim allowed; relief and costs awarded as per judgment.

Orders

  • Declaration as per para. 49(i) of earlier judgment granted.
  • Council to set reasonable licensing fees for relevant years within three months.