Richardson, R (On the Application Of) v North Yorkshire County Council

A respondent entitled to its costs should ordinarily receive them in full. The court may, however, limit the costs payable to another respondent where the appeal produces a material benefit for that respondent, including clarification of the law in its interests. The limitation should reflect the benefit obtained. The order remains a matter for the court’s costs discretion.

This was an appeal to the Court of Appeal from the High Court of Justice, Queen’s Bench Division, Administrative Court. The judgment supplied concerns costs arising from the appeal involving the claimant, North Yorkshire County Council and the Secretary of State. The appeal had clarified the reach of a legal code in the Secretary of State’s interest. The central issue was the appropriate allocation and extent of the respondents’ recoverable costs.

1. Unanimous costs order. The Court of Appeal held that North Yorkshire County Council was entitled to its costs. The appellants were therefore required to pay the council’s costs in full.
2. Secretary of State’s costs. The appeal had produced a benefit for the Secretary of State by clarifying the reach of the code in his interest. The court therefore limited the costs payable to him to three quarters of his costs, although he might otherwise have been entitled to all of them.
3. Final order. The court stated unanimously that it could not properly make any order more favourable to the appellants. The appellants were ordered to pay all but one quarter of the Secretary of State’s costs.

• Court of Appeal (Civil Division): determined the costs arising from the appeal and ordered the appellants to pay the council’s costs in full and three quarters of the Secretary of State’s costs.
• High Court of Justice, Queen’s Bench Division, Administrative Court: judgment under appeal; no separate citation or substantive order is stated in the supplied judgment.