Richardson, R (On the Application Of) v North Yorkshire County Council [2003] EWCA Civ 1921

Case No C3/2003/1003[2003] EWCA Civ 1921
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(MR JUSTICE RICHARDS)
Venue Royal Courts of JusticeDate Friday, 19th December 2003
Strand
London, WC2
B E F O R E:
LORD JUSTICE SIMON BROWN
LORD JUSTICE KEENE
LORD JUSTICE SCOTT BAKER
Between
THE QUEEN ON THE APPLICATION OF RICHARDSONAppellant-v-
Between
NORTH YORKSHIRE COUNTY COUNCILRespondent
(Computer-Aided Transcript of the Palantype Notes ofSmith Bernal Wordwave Limited190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838Official Shorthand Writers to the Court)
MR R MCCRAKEN QC and MR G JONES (instructed by Messrs Richard Buxton) appeared for AppellantMR T STRAKER QC (instructed by North Yorkshire County Council Legal Department) appeared for First RespondentMR J MAURICI (instructed by the Treasury Solicitor, London SW1H 9JS) appeared for Second Respondent
JUDGMENTJUDGMENT ON COSTS

LORD JUSTICE SIMON BROWN:

[1]Appeals are an expensive and hazardous process. There can be no conceivable doubt but that the respondent council must have their costs. Stretching our consciences to the uttermost, we limit the costs in favour of the Secretary of State (who strictly might be thought entitled to the entirety of his costs too of contesting this separate issue) to three quarters of his costs, simply on the basis that he has in the event had some profit from the appeal: the law as to the reach of the code has been clarified, and clarified in the event in his interest.[2]We could not properly, in our unanimous judgment, make any order more generous towards the appellants. They must pay all but a quarter of the Secretary of State's costs. ______________________________