Scenic International Group Limited (In Provisional Liquidation) v Richard Adenaike & Ors
[2024] EWHC 1178 (Ch)
Buckinghamshire Council v Jimmy Barrett & Ors (No 2: costs)
7 February 2024
[2024] EWHC 254 (KB)
High Court
A council won a case against someone who broke planning rules. The judge decided the losing person had to pay most of the council's legal bills, but not all of them. The judge considered how much of the bills were justified and gave the losing person extra time to pay what was owed.
Key Facts
- •Buckinghamshire Council sought final injunctions against Jimmy Barrett and others for planning control breaches.
- •Council succeeded against Barrett but failed against Persons Unknown and discontinued against a second defendant.
- •The case involved a costs summary assessment.
- •Mr. Rhimes represented the first defendant pro bono.
- •The main dispute concerned apportionment, quantum, and time to pay costs.
Legal Principles
Unsuccessful party generally pays successful party's costs.
CPR Part 44.2(2)(a)
Court has wide discretion on costs amount and payment timing.
CPR Part 44.2(1)(b) and (c)
Court considers partial success when apportioning costs.
CPR Part 44.2(4)(b)
Costs may be a proportion of another party's costs.
CPR Part 44.2(6)(a)
Costs must be paid within 14 days unless another date is specified.
CPR 44.7
"Newcomers" injunctions are exceptional remedies requiring proportionality.
Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47
Outcomes
80% of reasonable costs attributed to Barrett.
Bulk of costs resulted from Barrett's planning control breaches; Council's failure against Persons Unknown deemed not unreasonable.
70% of apportioned costs recoverable by the claimant.
Some costs deemed unreasonable due to high hourly rates and unnecessary work.
6-week extension to pay costs granted to Barrett.
Balance between Barrett's personal circumstances and Council's public authority status.
No s.194 Legal Services Act 2007 award.
Pro bono representation considered but not sufficient to justify an award considering overall costs assessment.
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