0370 270 6000

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

Revoking and reforming EU law

The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.

View blog

Gender equality

Randstad has published a report on gender equality in the workplace based upon survey responses from 6,000 workers within the construction, education, healthcare and technology sectors. Whilst legislation relating to sex discrimination has been around for over 45 years, nearly three quarters of female workers surveyed reported that they had either experienced or witnessed inappropriate behaviour or comments from male colleagues.

View blog

Unfavourable treatment

The Employment Appeal Tribunal’s recent decision in the case of Mr Michael Cowie & Others v Scottish Fire and Rescue Service provides a useful insight into favourable - or unfavourable - treatment in the context of discrimination claims.

View blog

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up