Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
MR C.M.G. OCKELTON
(Sitting as a Deputy Judge)
Between:
B
Claimant
v
LONDON BOROUGH OF HACKNEY
Defendant
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Mr Z Nabi (instructed by Messrs Steel and Shamash, London SE1) appeared on behalf of the Claimant
Mr J Price (instructed by in-house solicitors at the London Borough of Hackney) appeared on behalf of the Defendant
J U D G M E N T
THE DEPUTY JUDGE: These proceedings between B and the London Borough of Hackney have been settled in every respect except for costs. Today, Mr Nabi on behalf of B applies for his costs on an indemnity basis. Mr Price on behalf of the local authority accepts that it is liable for the claimant's costs, but on a standard basis only.
The substance of Mr Nabi's claim is that the local authority have acted unreasonably in relation to this litigation, failing, he says, to deal properly with correspondence asking for acceptance that they were liable in principle and failing to deal in other respects with the costs claimed. It is however accepted on both sides that as late as Friday the parties were prepared to settle costs on a standard basis if it could be done then and on the basis that attendance today would not be necessary.
The attendance at court today has raised the costs, but I am not persuaded that there is anything in this claim which should cause an order to be made on an indemnity basis. I therefore order the defendant to pay the claimant's costs on a standard basis, to be assessed if not agreed.
MR NABI: My Lord, there are two further matters. First, the claimant seeks permission to withdraw the claim for judicial review, it having become academic.
THE DEPUTY JUDGE: Yes.
MR NABI: Secondly, detailed assessment of the claimant's publicly funded costs.
THE DEPUTY JUDGE: Yes, you may have that too.
MR NABI: I am grateful. Thank you.