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Judicial Review: Recovering Costs of Local Authority Planning Officers

Hereward Phillpot QC
George Mackenzie

The High Court has ruled that costs representing the time spent by a local authority’s planning officers in assisting with the preparation of an Acknowledgement of Service in response to an application for permission to apply for judicial review can be recovered.  The issue arose in the case of R (Ayres) v. Cotswold District Council (CO/2353/2017), in which the unsuccessful Claimant sought to challenge the quantum of the costs awarded in favour of the local planning authority at the ‘paper’ application stage.  John Howell QC, sitting as a Deputy Judge of the High Court, upheld the earlier decision and made clear that recoverable costs were not limited to those incurred by solicitors and counsel.

Hereward Phillpot QC appeared on behalf of the Defendant, Cotswold District Council, George Mackenzie appeared on behalf of the Claimants, Mr and Mrs Ayres.