Judge docks council in costs claim for use of too many senior counsel

The judge in the long-running litigation between Leicestershire County Council and a community group over the use of a school hall has awarded Leicestershire County Council £1.125m in costs, £103,000 less than than the £1.228m claimed.

The judge refused to award the full amount of costs claimed by the council due to its use of three senior counsel in the conduct of the case. However, in the judgment in June, which found for the council, the judge was generally critical of the conduct of the St Hardulph's CofE Primary School by Breedon-on-the-Hill Community Association (BOTHCA), which brought the claim.

The dispute arose after the council attempted to charge the community association to pay for the use of a school hall. BOTHCA had part-funded the construction of the hall in the 1960s and claimed that, in return, it had been promised the use of the hall without charge. The school governors and the council claimed that the arrangement did allow it to make a charge for use of the premises on a non-profit basis.

In a decision published on 11 June, the judge in the Chancery Division of the High Court, Mr Justice Sales, ruled that in the absence of a legally-binding contract, the original agreements between the school and BOTHCA in 1958 and 1962 did allow the school to charge for use of the facilities.

Some reporting of the case speculated that the council was fighting the case unnecessarily and that the costs of running the case had far exceeded the value of the matter at hand. However, the judgment suggested that it was the plaintiffs, rather than the council, that were primarily responsible for prolonging the case.

The costs are expected to be borne by BOTHCA's litigation expenses insurance policy. BOTHCA was refused leave to appeal by Mr Justice Sales, but is believed to be applying to the Court of Appeal later in the year.

A spokesman for Leicestershire County Council told Local Government Lawyer: "We welcome the judge's decision to award the County Council virtually all of its costs and to dismiss BOTHCA's appeal.

"The county council has made it clear that any group wanting to use the facilities available at St Hardulph's - including BOTHCA - can do so by contacting the governing body. We understand that several local groups are already in touch with St Hardulph's about using the facilities and believe that it is now right that the school and community move on."