QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
MR JUSTICE OPENSHAW
|CRAWLEY BOROUGH COUNCIL||(CLAIMANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR JEREMY PHILLIPS (instructed by Sprecher Halberstam) appeared on behalf of the DEFENDANT
Crown Copyright ©
"1. Section 64(1) conferred a discretion on a magistrates' court to make such order as to costs as it thought just and reasonable; that provision applied both to the quantum of the costs, if any, to be paid, but also as to the party, if any, which should pay them.
2. What the court would think just and reasonable would depend on all the relevant facts and circumstances of the case before it. It might think it just and reasonable that costs should follow the event, but need not think so in all the cases covered by the subsection.
3. Where a complainant had successfully challenged before justices and administrative decision made by a police or regulatory authority acting honestly, reasonably, properly and on grounds that reasonably appeared to be sound, in exercise of its public duty, the court should consider, in addition to any other relevant fact or circumstances, both
(i) the financial prejudice to the particular complainant in the particular circumstances if an order for costs was not made in his favour; and.
(ii) the need to encourage public authorities to make and stand by honest, reasonable and apparently sound administrative decisions made in the public interest without fear of exposure to undue financial prejudice if the decision was successfully challenged."
"We were entitled to make an order as to costs in accordance with our discretion as we had considered all the circumstances concerning the facts and the history of the case and awarded costs against Crawley Borough Council as were just and reasonable given the variation made."
And a little earlier in the main paragraph of the case, setting out the basis for their decision, they said:
"There is no real problem relating to noise nuisance from the interior of the Royal Oak Public House having heard the evidence of Mr Petrou and Mr Burns and visiting the premises itself."