The Claimant challenges the decision of the Examining Authority on behalf of the Defendant Secretary of State to refuse the Claimant’s application for an award of costs in securing the exclusion of part of its land from compulsory acquisition under the Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015. The Examining Authority accepted – and it is now common ground – that the Claimant was a ‘successful objector’ in this respect, which is normally sufficient for a costs order to be made; but he refused to award costs on the basis that the application for costs was made later than the Secretary of State’s guidance required and there were no good grounds to exercise his discretion to extend that time.
Hickinbottom J
[2016] EWHC 1792 (Admin)
Bailii
Land
Updated: 20 January 2022; Ref: scu.567399