Case No. CO-9102-2010

[2008] EWCA Civ 714; [2009] Costs LR 282. In that case the Court reiterated and endorsed what had been said by Sedley LJ in R (Davey) v Aylesbury Vale District Council [2007] EWCA Civ 1166 at paragraphs 21-22, that when “preparation” costs are sought in addition to “acknowledgment” costs (in the sense of settling a short form summary grounds of resistance), it will be for the defendant and/or interested party to justify these, which may well not be recoverable and that the question of whether those costs are also recoverable should be decided by the trial judge (in this context the judge who hears the oral permission application): see per Buxton LJ in the Breckland Council case at paragraphs 26 to 31. 59.Whilst in a straightforward case, it can legitimately be said that the defendant or an interested party should limit himself to summary grounds of resistance, this is not a straightforward case. The planning decision which is under attack is of national importance given its impact on the viability of the proposed centre of excellence. Furthermore, the grounds raised by the Claimant were ones which required some detailed analysis and dissection by both the Council and the FA/NFC Ltd if they were to be challenged effectively. NFC Ltd was also entitled to put into its grounds submissions about lack of promptness. 60.I reject the suggestion on behalf of the Claimant that it would have been sufficient or even appropriate to put in just summary grounds of resistance. However, I am not convinced that it was necessary for NFC Ltd to go beyond the detailed grounds of resistance which they did file, by also filing the witness statements they produced.61.In my judgment, the right order is that the Council and NFC Ltd should recover from the Claimant both their reasonable preparation costs and their acknowledgment costs (which for the avoidance of doubt should include the summary grounds actually filed but exclude any witness statements), those costs to be assessed if not agreed. I propose to make an order for interim payment in the meantime. I am prepared to receive whatever written submissions counsel wish to put forward as to the amount of such interim payment and time for payment, but my current view would be that the amounts should be £6,000 in the case of the Council and £12,000 in the case of NFC Ltd, the latter lower percentage reflecting a concern I have about the size of the costs bill put forward by the Interested Party. It seems to me that in each case that amount should be paid within 21 days.