R (CPRE Kent) v Secretary of State for Communities and Local Government [2021] UKSC 36

Supreme Court considers entitlement to costs where permission refused in planning claims

On 28 January 2021, the Supreme Court heard CPRE’s appeal against the Court of Appeal’s decision in Campaign to Protect Rural England – Kent Branch v Secretary of State for Communities and Local Government [2019] EWCA Civ 1230.

The issue for consideration by the Court is whether a claimant in a statutory review or judicial review claim who is unsuccessful at the permission stage is, prima facie, be liable for the reasonable cost of those parties who acknowledge service in addition to the primary respondent/defendant or whether, as the Appellant contends, only one set of costs should generally awarded by reference to Bolton MDC v Secretary of State for the Environment [1995] 1 WLR 1176.

Judgment has been reserved.

James Maurici QC and Jacqueline Lean appeared for the Secretary of State.