UK case law
Edwards & Anor, R (on the application of) v The Environment Agency & Ors
[2006] EWCA CIV 1138 · Court of Appeal (Civil Division) · 2006
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Full judgment
1. LORD JUSTICE AULD: On 26 June 2006 the court dismissed the appellant’s appeal and dismissed the respondent’s appeal on the Respondent’s Notice, and reserved all consequential orders for consideration after receipt of written and, if required by any of the parties, oral submissions. All parties have now made written submissions to the court, and the second appellant and the respondents have notified the court that they are content for it to rule on those submissions without further attendance by them. The first appellant has been notified of the hearing today but has not attended, nor has he sought to make any oral submissions to the court.
2. In the circumstances the court, having given full consideration to the written submissions, including that of the first appellant, makes the following order:
1. The respondents shall have 70 per cent of their costs of the proceedings to be paid on the standard basis by the appellants and/or the Legal Services Commission on the following terms: a) Seventy per cent of the respondent’s costs incurred up to 1.00pm on 8 February 2006 to be paid by the first appellant and/or the Legal Services Commission. The liability to pay and the amount if any of any costs to be paid by the first appellant to be determined by a costs judge upon application made within three months of the date of this order pursuant to Regulation 10 of the Community Legal Services Costs Regulations 2000; b) Seventy per cent of the respondent’s costs incurred from 1.00pm on 8 February 2006 to be paid by the first appellant and/or the Legal Services Commission and by the second appellant in equal shares, the liability of the Legal Services Commission to pay those costs and the amount if any to be paid by the first appellant to be determined by a costs judge on like terms as those relating to the respondent’s costs incurred before 1.00pm on 8 February 2006, and the costs payable by the second appellant not to exceed £2,000.
2. No order in respect of the interested parties’ costs.
3. The second appellant’s application for permission to appeal to the House of Lords is refused. Order: As detailed in judgment.