Swale Borough Council v Mr Sonny Patrick Maughan and Others
| Jurisdiction | England & Wales |
| Judge | Mrs Justice Slade DBE |
| Judgment Date | 09 September 2016 |
| Neutral Citation | [2016] EWHC B24 (Costs) |
| Docket Number | Case No: HQ16X01733 |
| Court | Senior Court Costs Office |
| Date | 09 September 2016 |
[2016] EWHC B24 (Costs)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
RULING ON COSTS
Royal Courts of Justice
Strand, London, WC2A 2LL
Mrs Justice Slade DBE
Case No: HQ16X01733
Miss Emmaline Lambert (instructed by Sharpe Pritchard) for the Claimant
Mr Alan Masters (instructed by BPS Solicitors) for the Defendants
Written submissions
JUDGMENT ON COSTS
Agreement has been reached on the disposal of the Claimant's application dated 20 th June 2016 for a final injunction in this matter and that of the First to the Nineteenth Defendants' dated 1st July 2016 for a variation of discharge of the injunction ordered on an interim basis.
The claim by the Claimant, Swale Borough Council, arises from the occupation by the Defendants of their land for residential purposes without planning consent to do so. On the application of the Claimant injunctions have been granted and continued on an interim basis. The first to nineteenth Defendants were joined to the proceedings after the original claim form was issued. The Defendants issued an application to vary or discharge the injunction.
The hearing listed for 7 th and 8 th September was to determine Claimant's application for final injunctive relief which would have required the Defendants, now nineteen named defendants and persons unknown as a twentieth defendant, to vacate the land. Also to be determined was the application by the Defendants to vary or discharge the interim injunctions in place.
Sensibly the parties have reached agreement for the disposal of their respective applications. In summary the outcome is that by consent there is a final injunction restraining amongst other matters occupation of the land for residential or any other purpose in breach of planning control.
The Defendants or some of them had sought to submit a planning application for permission to occupy the land for residential purposes. It was rejected as premature. The previous owners had submitted a similar application which had been rejected by the Council and on appeal to the Inspector. The earliest date on which a fresh application this time made by the Defendants or some of them can be entertained is 28 th October 2016.
The parties have agreed that the implementation of the final injunction will be suspended pending the determination of the planning application to be made by the Defendants and if rejected and appealed, the determination of the appeal. A timetable has been agreed.
The parties have been unable to reach an agreement on costs and have made written submission on that issue.
Miss Lambert for the...
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