“Absent any real reason for doubting the certification, it will offer sufficient assurance that the indemnity principle has not been breached. Speculative indemnity principle challenges should not be entertained.”
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”.
“…there is no authority at the level of this Court in which the issue which now arises before us has been authoritatively considered… Accordingly, we must address the issue on first principles and, in particular, as a matter of interpretation. On that issue, we have reached the conclusion that the caps which are set out in CPR 45.43, in particular at (2) and (3), are inclusive of VAT.”