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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Litigation Liability. The story goes: 1) the council

Customer Question

Litigation Liability.

The story goes:

1) the council issued an enforcement notice regarding post & rail fencing in place

2) residents appealed

3) inspector overruled appeal

4) residents opt to challenge via high court

5) council planning control manager came to the site and agreed in principle (subject to relevant applications being submitted) to several changes (which both council & residents were happy with)

6) No need to attend high court if as discussed/agreed with council rep all details remain the same.

7) Councils legal rep is now telling residents we are liable for complete costs already, even if this never reaches high court.

we would be grateful to know where we stand on the costs front if no further action from our (the residents) side.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Were proceedings actually issued in the High Court? Presumably this was a claim for Judicial Review?
Customer: replied 3 years ago.

Hello Alex

We have a date for a hearing in an effort to gain permission to appeal. I think this is the same as a claim for Judicial Review but not 100%.


We have submitted a Skeleton Argument, if the Judge grants us permission then we have to go back with a more detailed case.


We would rather stop proceedings at this stage.


Hope this helps.


Many thanks

Expert:  Alice H replied 3 years ago.

The normal rule of thumb under the Civil Procedure Rules is that the losing party pays the legal costs of the proceedings. However, in a situation where a compromise has been reached it is usual for each party to pay their own costs and this is set out in the final order being sought from the Court (normally where a compromise has been reached you would discontinue the proceedings by way of a consent order setting out the terms of the agreement for the court's approval). If no agreement can be reached in respect of costs the High Court will adjudicate on the issue and make a decision.


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