Venn v Secretary of State for Communities and Local Government

Costs – Protective costs order. The claimant made an application, under s 288 of the Town and Country Planning Act 1990, seeking to quash the grant of planning permission. The judge exercised her discretion to make a protective costs orders, notwithstanding that it was not a claim under the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters for the purposes of CPR 45.41, because costs protection under that rule was confined to claims for judicial review. The Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held, inter alia, that, once it was accepted that the exclusion of statutory appeals and applications from CPR 45.41 had not been an oversight, but had been a deliberate expression of a legislative intent, it necessarily followed that it would not be appropriate to exercise a judicial discretion so as to side-step the limitation that had been deliberately imposed by secondary legislation.

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