Who can be liable for costs?
Any party involved in an appeal can be liable for costs. That is, costs may be faced by:
- the main appellant
- a party appearing in support of or in opposition to an appeal
- an interested party who was not involved in the original application but who joins the appeal once it has been lodged
and even, in appropriate circumstances:
- the respondent, and
- the applicant.
Individuals and voluntary groups representing an aspect of public interest are not exempt from having to pay costs. It is valid for a group to enter an appeal and raise issues which are in the public interest, but the case still needs to raise significant issues relevant to the appeal and be presented in a professional manner.
The Environment Court may make an order for costs if it considers one party has been unfairly burdened. Generally, it will not consider the ability to pay costs even if this is raised as an argument against costs being imposed.
A lack of prior knowledge about the risk of having to pay costs or the inability to pay them is not sufficient grounds to avoid having costs awarded.
Costs are less likely to be awarded where the appeal is against a proposed plan or policy statement. Though costs are generally not awarded against a public body (central or local government) there are exceptions. For example, where a council has acted inappropriately by refusing to hear submitters, attempting to impose unjustified burdens on landowners, not seeking adequate advice, or not taking sufficient care in preparing its case.
