High Court considers recoverable costs following successful objection to CPO

The High Court has today handed down judgment in Harlow DC v Powerrapid Ltd [2023] EWHC 586 (KB), an appeal from Costs Judge Leonard in the Senior Courts Costs Office ([2022] RVR 145).

Harlow DC had attempted to CPO land owned by Powerrapid Ltd. Following a 3 day inquiry before a planning inspector, the CPO was not confirmed. Powerrapid was awarded its costs by the Secretary of State, which was then made an order of the High Court under s. 250 Local Government Act 1972.

Dismissing the appeal from Costs Judge Leonard, the High Court held among other things that;

1. The award of costs “of” an inquiry includes costs “incidental” to it;
2. In this case, therefore, Powerrapid could recover the  costs it incurred after Harlow DC delegated authority to its officer to make the CPO, but before the CPO was actually made or published;
3. The costs of applying to the High Court to turn the award of the secretary of state into an Order of the High Court were also recoverable;
4. The High Court would not disturb the hourly rates awarded in respect of BDB Pitmans planning and litigation teams. Costs Judge Leonard had awarded costs in excess of the London Band 1 guideline hourly rates on the basis that the amount at stake was substantial, the dispute was important for both parties, the case was factually complex, and the guideline rates were not a particularly useful starting point in this case given the work was specific, quite difficult and specialised. That was a judgment that was open to him.

Rupert Cohen appeared for the Paying Party / Appellant, Harlow DC, instructed by Trowers and Hamlins.

Nick Grant (led by Jamie Carpenter KC at Hailsham Chambers) appeared for the Receiving Party / Respondent Powerrapid, instructed by Richard Langley and Olivia Peake at BDB Pitmans. Nick appeared unled for Powerrapid before Costs Judge Leonard.