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David Partington secures important costs victory for Kirklees Metropolitan Council

Date:

29th July 2011

Team:

Civil, Commercial and Chancery.

David Partington successfully resisted an attempt by a property development company to render the Kirklees Metropolitan Council liable for the costs of mounting a successful challenge to the Council’s decision to register land at Clayton Fields as a town or village green and thus impervious to development in 1997. In the present proceedings under the Commons Registration Act 1965 the Council remained neutral, but at the end of the proceedings the claimant applied for costs against it in the sum of £150,000. The case involved significant issues of the law relating to the potential liability of quasi judicial bodies and other such as magistrates and coroners for the consequences of their decisions, and their role in subsequent proceedings which challenge those proceedings. At the Royal Courts of Justice on Monday Mr Justice Vos dismissed the development company’s application. The case is expected to be reported soon.