Torbay Borough Council v News Group Newspapers

Where the parties agree that a costs issue can be determined on paper, the court may adopt that procedure. The court may make no order for costs and, where there is no obligation to give reasons, may decline to provide them.

This was a further judgment concerning costs left undecided in the court’s earlier judgment, Re Angela Roddy, Re an Application by Associated Newspapers Limited [2003] EWHC 2927 (Fam). Associated Newspapers Limited sought an order requiring the local authority to pay 80 per cent of its costs incurred from 10.30 am on 27 November 2003. The local authority sought no order for costs. The parties agreed that the issue should be determined on written submissions without a hearing.

1. The court agreed that the costs issue should be determined without a hearing and on the basis of brief written submissions.
2. Having considered the parties’ submissions and reconsidered the earlier judgment afresh, the court concluded that there should be no order for costs.
3. The court was under no obligation to give reasons for the costs decision and expressly declined to do so.
4. The local authority was directed, if necessary, to lodge with the Associate a draft order for sealing in the form identified in paragraph [90] of the earlier judgment.

The judgment concerned the costs issue left undecided in the earlier judgment, Re Angela Roddy, Re an Application by Associated Newspapers Limited [2003] EWHC 2927 (Fam) . It was determined at first instance on paper.