Howard & Anor v Wigan Council [2015] EWHC 3643 (Admin) (15 December 2015)

Howard & Anor v Wigan Council [2015] EWHC 3643 (Admin) (15 December 2015)

The PCO should be varied to allow the Defendant to recover £5,000 per claim from the Claimants, totalling £10,000, as the pursuit of the new ground in Claim 2 was without foundation and the fixed costs regime under CPR 45.41-44 applies to these Aarhus Convention claims.

Citation
[2015] EWHC 3643 (Admin)
Parties
Claimant: Steven Howard; Claimant: Justine Bennett; Defendant: Wigan Council; Interested Party: Morris Homes Ltd
Jurisdiction
England and Wales
Judgment Date
15 December 2015
Procedural Posture
Judicial Review / Post Judgment Costs Application
Outcome
Defendant's application to vary the PCO allowed.
Legal Topics
Protective Costs Order (pco), Aarhus Convention, Costs in Judicial Review, Environmental Impact Assessment (eia), Frivolous Claims, Fixed Costs Regime
Administrative Law Environmental Law Civil Procedure Protective Costs Order (pco) Aarhus Convention Costs in Judicial Review Environmental Impact Assessment (eia) Frivolous Claims +1 more

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Parties

Steven Howard

Claimant

Justine Bennett

Claimant

Wigan Council

Defendant

Morris Homes Ltd

Interested Party

Procedural Posture

Judicial Review / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the Protective Costs Order (PCO) should be varied to increase the Claimants' liability for costs following the dismissal of two judicial review claims, particularly in relation to a new ground found to be without foundation.
  2. 2 Whether the fixed costs regime under CPR 45.41-44 applies to these Aarhus Convention claims.

Ratio Decidendi

The PCO should be varied to allow the Defendant to recover £5,000 per claim from the Claimants, totalling £10,000, as the pursuit of the new ground in Claim 2 was without foundation and the fixed costs regime under CPR 45.41-44 applies to these Aarhus Convention claims.

Court Disposition

Defendant's application to vary the PCO allowed.

Orders

  • Claimants to pay the Defendant £5,000 in respect of each claim, totalling £10,000.