Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: NTIAEP on September 07, 2025, 06:32:33 pm
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Or is it the case that if costs were awarded more frequently, councils would accept more reps, less cases would go to tribunal and the adjudicators would be issued a P45.
You remind me of an earlier me. It's the regulations which need relaxing or changing. The starting point is that the adjudicator will not normally award costs. See the higher court decisions in the link above.
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@NTIAEP https://www.londontribunals.gov.uk/environment-traffic/key-cases/norbert-gogiel-v-london-borough-southwark
And, costs may be awarded even if the council wins. Though, I failed in a recent attempt re a Lewisham case in which they made a statement tantamount to calling me a liar.
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thank you
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I've moved this to the Flame Pit, as it's drifting away from the original topic.
Costs are awarded where the Notice of Rejection is wholly unreasonable, or the the decision by the council to fight the appeal is wholly unreasonable. If you want to explore this in more depth, have a look here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037) for all the cases with the word "costs" in column A.
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Not to hijack the thread, but under what circumstances/criteria would costs be awarded?
Otherwise it's always as per what @Phantomcrusader says above, i.e. for councils, it's either win or nothing to lose. Surely the adjudicators have acknowledged this?
Or is it the case that if costs were awarded more frequently, councils would accept more reps, less cases would go to tribunal and the adjudicators would be issued a P45.