||All England Reporter
|| All ER (D) 346 (Jun)
|| EWCA Civ 714
||Court of Appeal, Civil Division
Buxton, Rix and Toulson LJJ
||Richard Harwood (instructed by Richard Buxton & Co) for the claimant.
||Robert Fookes (instructed by Knights) for the defendant and the interested party.
||25 June 2008
Judicial review - Costs of application - Application for permission for judicial review - Costs incurred prior to refusal of permission - Application of guidance.
Judicial review Costs of application. In proceedings concerning the judicial review of an application by the interested party for planning permission in respect of a change of use of land from agricultural to industrial use, an issue arose in respect of the costs accrued in the defendant's acknowledgment of service. The court held that cases in which it was appropriate to explore issues in depth at the permission stage would be quite exceptional and that when 'preparation' costs were sought in addition to 'acknowledgment' costs it would be for the defendant to justify those costs, which might well not be recoverable. In future, and in accordance with principles established in Davey v Aylesbury District Council , it would be important that the permission judge, who was far better placed than anyone else to decide what needed reasonably to be said in response to a claim, should himself apply the established approach to claims for 'acknowledgment' and 'preparation' costs.
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