Rob Anderson KC (with JS Brien) represented the first respondent, instructed by Ashurst.
The matter concerned a costs application in which both parties claimed to have been substantially successful in the original proceeding regarding compensation for the compulsory acquisition of land. The applicant argued that it was simply seeking an order to ‘take up’ the third party’s rights and was therefore wholly successful at first instance.
PG Stilgoe disagreed and ordered the applicant to pay the first respondent’s costs on the standard basis. Her Honour held that the applicant was unsuccessful in its claim for compensation, as it had sought compensation in its own right rather than by reference to any third-party rights.
The judgment can be read by clicking here
