HF has secured a costs recovery of £625,000 on behalf of FCC Environment, trading as Welbeck Waste Management Limited, following a successful Planning Appeal against Wakefield Metropolitan District Council.

The outcome represents the recovery of approximately 87% of the costs sought and reflects HF’s strategic approach to complex costs litigation, balancing the pursuit of a strong recovery with careful management of litigation risk.

Background

FCC Environment appealed to the Planning Inspectorate following Wakefield Metropolitan District Council’s refusal of an application to vary planning conditions relating to a landfill site.

The appeal was lodged in December 2023, with the Inquiry opening in June 2024. Following a public consultation and a five-day hearing in November 2024, the Planning Inspector issued a decision on 14 February 2025 granting planning permission.

In addition to allowing the appeal, the Inspector found that the Council had acted unreasonably and awarded costs in favour of FCC Environment.

Delivering a substantial costs recovery

HF’s specialist Costs team, led by Associate Partner Chris White and Associate Team Leader Rachel Green, supported the client throughout the recovery process, from securing the costs award through to achieving a negotiated settlement.

The costs claim sought recovery of £718,942.36. Preparation of the Bill of Costs was particularly complex, requiring detailed analysis of a technically challenging planning matter alongside consideration of extensive documentation and client invoicing arrangements.

Following service of the Bill of Costs, the matter progressed through the formal costs recovery process, including the exchange of Points of Dispute and Replies. HF prepared comprehensive Replies addressing the issues raised by the Respondent and setting out the justification for the costs claimed.

Prior to service of the Replies, the Respondent offered £525,000 in settlement. Following continued negotiation and strategic engagement, HF secured a final settlement of £625,000, representing an uplift of £100,000 on the earlier offer.

A collaborative and strategic approach

Commenting on the result, Chris White, Associate Partner at HF, said:

“This was a complex and document-intensive matter which required a detailed and strategic approach to maximise recovery while carefully managing our client’s exposure to risk.

We worked closely with FCC Environment throughout the process to understand their objectives and tailor our strategy accordingly. As the matter developed, we adapted our approach to address the issues raised and maintain momentum in negotiations.

By combining technical costs expertise with a collaborative and agile approach, we were able to secure a substantial recovery for our client while achieving a resolution that aligned with their commercial objectives. We are delighted to have delivered a result that reflects both the strength of the claim and our client’s priorities.”

This outcome highlights HF’s ability to secure strong commercial results in complex, high-value costs disputes, helping clients maximise recovery while maintaining a clear focus on risk and resolution.