FOI release

Information relating to legal challenges to Planning permission P192711/F

Case reference FOI2023/00965

Published 30 June 2023

Request

I would like the following limited information:-

1) How much has it cost Herefordshire Council in total to successfully defend their decision in the High Court, Court of Appeal and Supreme Court?

2) Did the claimant obtain a Protective Costs Order and, if so, what were the costs limited to?

3) Have the Council been awarded the full costs of defending these unsuccessful legal challenges?

If not, what have the costs been limited to?

4) Have the Council now reclaimed their costs or does it cost so much to reclaim that they are "written off"?

Information relating to legal challenges to Planning permission P192711/F

I would like the following limited information:-

1) How much has it cost Herefordshire Council in total to successfully defend their decision in the High Court, Court of Appeal and Supreme Court?

Herefordshire Council's statements of costs illustrate that the cost to the Council of defending its decision are:

High Court - £30,066.00

Court of Appeal - £31,647.30

Supreme Court - Post judgement discussions are ongoing and costs have yet to be determined.

2) Did the claimant obtain a Protective Costs Order and, if so, what were the costs limited to?

High Court - yes, the Claimant's liability for the Council's costs was limited to £5,000.

Court of Appeal - yes, the Claimant's liability for the Council's costs was limited to £5,000.

Supreme Court - This is undetermined. The Claimant has applied for a Protective Costs Order, this is currently being considered by the Supreme Court.

3) Have the Council been awarded the full costs of defending these unsuccessful legal challenges?

If not, what have the costs been limited to?

High Court - Costs of the action in the High Court have been limited to £5,000.

Court of Appeal - Costs of the appeal to the Court of Appeal have been limited to £5,000.

Supreme Court - This has not yet been determined.

4) Have the Council now reclaimed their costs or does it cost so much to reclaim that they are "written off"?

The Council is awaiting the decision of the Supreme Court as to the amount of costs which can be claimed.

The Council does not intend to 'write off' any costs which it is able to claim at this stage.

There are no documents for this release.

This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.