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Section 56 application (magistrates court) - how to ask for costs?
So the Ramblers have a template which I have copied and that goes like this:
That the said (ME) applies to this Court pursuant to section 56 of the Highways Act 1980 for an order that (MY) Council may be required to appear and show cause why it should not be ordered, if the court finds that the said portion highway is out of repair, to put it into proper repair within such period as shall be specified in the order.
Could someone suggest the addition words to request an award of my costs? If the court think it is just and reasonable..... etc. of course.
Or would it be best not to ask for costs as this would open the reverse should the order be refused? Or will the council always ask for cost so I may as well ask too?
FYI
I'm planning to send a letter before action this weekend, giving them 14 calendar days and then make the application in 2.5 weeks (assuming they just ignore me). I was planning to label this an open letter too, and set out the arguments in the s56 application for full disclosure. In addition I was going to include arguments that the council could make for not doing anything and then demolish them to further reinforce the strength of my position. Whether that does anything is moot as it seems easier for councils to do nothing until they are forced. I feel though that it perhaps insulated somewhat against the awarding of costs against me - i.e. why have you let this come to court rather than giving the ratepayer a counter argument, or pointing out why the ratepayer is mistaken. But maybe that is wishful thinking. I don't think it can hurt though. In the letter I am also making an offer to contribute a reasonable amount to the work, which will be withdrawn on the commencement of legal proceedings.
BTW I have send a s56 notice to council and had a reply admitting it is highway and they are responsible for it. In fact I have 2 of these as I gave them time to come back to me and the first s56 was out of date (over 6mth old) hence the second.
That the said (ME) applies to this Court pursuant to section 56 of the Highways Act 1980 for an order that (MY) Council may be required to appear and show cause why it should not be ordered, if the court finds that the said portion highway is out of repair, to put it into proper repair within such period as shall be specified in the order.
Could someone suggest the addition words to request an award of my costs? If the court think it is just and reasonable..... etc. of course.
Or would it be best not to ask for costs as this would open the reverse should the order be refused? Or will the council always ask for cost so I may as well ask too?
FYI
I'm planning to send a letter before action this weekend, giving them 14 calendar days and then make the application in 2.5 weeks (assuming they just ignore me). I was planning to label this an open letter too, and set out the arguments in the s56 application for full disclosure. In addition I was going to include arguments that the council could make for not doing anything and then demolish them to further reinforce the strength of my position. Whether that does anything is moot as it seems easier for councils to do nothing until they are forced. I feel though that it perhaps insulated somewhat against the awarding of costs against me - i.e. why have you let this come to court rather than giving the ratepayer a counter argument, or pointing out why the ratepayer is mistaken. But maybe that is wishful thinking. I don't think it can hurt though. In the letter I am also making an offer to contribute a reasonable amount to the work, which will be withdrawn on the commencement of legal proceedings.
BTW I have send a s56 notice to council and had a reply admitting it is highway and they are responsible for it. In fact I have 2 of these as I gave them time to come back to me and the first s56 was out of date (over 6mth old) hence the second.
