No liability for costs of pre-action letter

0370 270 6000

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

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?

collapseSign

Home

Insights & events

Resources

Blogs

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

Fire and Re-hire

In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.

View blog

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

Planning the future of mental health and wellbeing

Throughout the pandemic with the Covid-19 isolations and with many of us (still) working from home, there seems to have been sea-change, a recognition of the importance of mental health and wellbeing.

View blog

Trans Rights: A transitionary phase socially, politically and legally.

31 March was International Transgender Day of Visibility: a day to celebrate the transgender community whilst raising awareness of the discrimination they face on a daily basis.

View blog

View all blogs