Please sign in with your existing account details.
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?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
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.
At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
View blog
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The Internal Market Bill is published today, but amid much controversy.
The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.
Senior Associate
Select which mailings you would like to receive from us.
Sign up