Applicant told by DLA: no power to award costs
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Andre Mark Rutkowski
The desirability of LAs being given the power to award costs was illustrated by a case before North Eastern DLA Norman Moody, Andre Mark Rutkowski, of Leamington, Coates Lane, Silkstone Common, Barnsley, who had applied to renew his one-vehicle international licence, was opposed by the Barnsley Council and residents.
Seeking an adjournment in order to be legally represented, council employee Judith Andrews said she was unaware before the hearing that Rutkowski was being represented by counsel.
The residents also asked for an adjournment because they too were unaware that they could be legally represented; this had not been mentioned in the letter from the Traffic Area. Opposing any adjournment, Fiona Wood, for Rutkowski, said it would cost her client money and it was unfair to him at this stage. She asked that if an adjournment was granted, that the council and the residents be ordered to pay the costs of the present day's hearing.
Granting an adjournment with some reluctance, the DLA said he had no power to award costs. However, if he heard the case and it was subsequently remitted by the Transport Tribunal to enable the objector and representors to have legal representation it would double Rutkowski's costs.
The DLA said that he would direct that in future letters advising objectors and representors of the date of a public inquiry should also advise them that they ought to seek legal advice.