Source: All England Reporter
Publisher Citation: [2002] All ER (D) 128 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Schiemann, Thorpe LJJ and Neuberger J

Representation John Saunders QC (instructed by Rumke, Joseph & Rabin, Temple Fortune) for the claimant.
  Jeremy Carter-Manning QC and Neerja Sharma (instructed by Harris Cuffaro & Nichols, Harlow) for the interested parties.
  The defendant did not appear and was not represented.
Judgment Dates: 11 March 2002

Catchwords

Licensing - Costs - Application for special hours certificate - Claimant objecting to grant of special hours certificate - Claimant withdrawing objection on day before hearing - Justices ordering claimant to pay costs of application - Whether claimant objector at time of hearing - Whether justices entitled to order costs against claimant - s 193B.

The Case

The power given to licensing justices by s193B of the to order the costs of one party to a licensing application to be paid by either the applicant or an opposing party was limited to making awards against parties who were, at the time the application was heard, still parties to the application.

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