Berkeley v Secretary of State for the Environment and Another (No. 2)
| Jurisdiction | England & Wales |
| Judgment Date | 07 April 1998 |
| Date | 07 April 1998 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Costs - breach of statutory duty by successful party - breach to be taken into account in awarding costs
A finding that the Secretary of State for the Environment when deciding a planning application was in breach of an obligation imposed on him by the Town and Country Planning (Assessment of Environmental Effects) Regulations (SI 1988 No 1199) was a matter to be taken into account in considering awarding costs even though the breach had no effect on the outcome of the proceedings.
The Court of Appeal so held on February 12 varying an order for costs following its dismissal of an appeal by Lady Dido Berkeley from the refusal of Mr Justice Tucker to quash planning permission granted by the Secretary of State for the Environment to Fulham Football Club in August 1996 (The Times March 2, 1998).
LORD JUSTICE NOURSE said that the court had held that the secretary of state had been in breach of his obligation under regulation 4(2) of the 1988 Regulations to require an environmental plan. Although it had not affected the outcome of the proceedings, it was a matter of which it...
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