Costs cap

CPR 45.43 | Arrhus Convention Costs Caps And VAT

The Claimant brought a judicial review to quash the grant of planning permission for the use of lodges, static caravans and touring caravans at Ruda Holiday Park, Croyde, Braunton Devon.

After procedural orders had been made early in the proceedings, the parties agreed a consent order on 19 November 2020 in the following terms:

“Any liability of the Defendant and Interested Party to pay costs in this action to the Claimant is capped at £35,000 + VAT (£42,000).” The reasons for this were set out in the recitals namely “AND UPON the Claimant applying, in its claim form and within its statement of facts and grounds, for an Aarhus Protective Costs Order within the meaning of 45.43 of the Civil Procedure Rules AND UPON the parties not contesting that this is an Aarhus claim”.


Protective Costs Orders | The Principles

The appellant in this appeal was denied a Protective Costs Order (PCO) on grounds that despite the outcome being of “wider interest to future litigants in a similar position, insurers and the legal profession” the appellant herself had “an overwhelming private interest in the outcome of the appeal”.