Yesterday the Court of Appeal heard the appeal of Debenham Antiques against an order of the High Court that it pay c.50% of Ms Easter’s (the original Claimant) costs. The proceedings arose out of a judicial review to a planning permission granted by Mid-Suffolk District Council.
The Council confirmed that it would concede the judicial review claim a few weeks after it was filed in November 2018. However, before a consent order was agreed between the parties, the High Court refused permission for the claim to proceed on the papers. The Council maintained its position that it would concede the claim but the Interested Party served an Acknowledgement of Service out of time and appeared at the renewal hearing. Following the grant of permission by Holgate J, all parties eventually conceded all four grounds. Deciding the issue of costs on the papers, HHJ Evans-Gordon decided that the Council should be liable for the Claimant’s costs up until the 5th of February when the Interested Party filed its acknowledgement of service and that the Interested Party should pay the costs thereafter.
Part of the appeal grounds included the allegation that a JR cannot be dealt with by consent without a hearing after there has been a refusal of permission on the papers.
The Court, comprised of LJs Singh, Moylan and Popplewell reserved their judgment.
The hearing was live-streamed and a recording can be found here.
Victoria Hutton represented Ms Easter, the first respondent to the appeal.