A landlord obtained an order of certiorari to quash an order of a rent tribunal which had reduced the rent of certain premises without hearing evidence on behalf of the landlord. Counsel appeared on behalf of the tribunal to oppose the making of the order. The court discussed the award of costs: ‘We decide this case on the ground that the landlord had to come here at considerable expense to herself, to have the decision of the tribunal quashed, and the tribunal have appeared by counsel and have disputed her right to have an order for certiorari. On the whole, as the tribunal have appeared here and contested the case, we think that the landlord ought to have her costs. . . If there had been no appearance by the tribunal, of course we should not have given costs in this case.’
Goddard L
[1949] 1 All ER 260
Review of Justices’ Decisions Act 1872 3
England and Wales
Cited by:
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 17 November 2021; Ref: scu.194530