0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

No liability for costs of pre-action letter

26 November 2013

In R (on the application of Cherkley Campaign Limited) v Mole Valley District Council [2013] EWHC 3558 (Admin) the judge, having allowed the claim, held that the cost of the pre-action letter written on behalf of the Campaign for the Protection of Rural England (CPRE) was not recoverable. The circumstances were such that CPRE was not ultimately the claimant.

CPRE was not joined as a party to the proceedings (CPR 46.2). The claimant, Cherkley Campaign Limited, did not actually exist at the time the pre-action letter was sent and the indemnity principle applied.

This was a technical point, and whilst the point is itself something that both claimants and defendants can benefit from being alive to in future, on a wider view it displays very clearly the value to paying attention to each and every aspect of a claim. Non-parties incurring costs in relation to these proceedings should not expect to recover their costs.

Related opinions

Flexible working and leave for carers

The Government has launched a consultation today on potential changes to the statutory flexible working regime.

View blog

Importance of considering flexible working applications

An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Right to Work checks after 30 June 2021 for EU staff employed before 30 June 2021

The deadline for applying to the EU Settlement Scheme (EUSS) passed on 30 June 2021. The Home Office recently updated their Right to Work employer’s guide to clarify how Right To Work (RTW) checks need to be carried out from 1 July 2021 for EU and EEA citizens who were employed on or before 30 June 2021.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up