Council secures £140k costs order against ex-councillor over failed judicial review

Sandwell Council has secured a costs order of almost £140,000 against a former councillor who brought an unsuccessful judicial review claim against the local authority.

Mahboob Hussain, who was the council’s deputy leader and a ward member for Oldbury, brought the legal action over the publication of a report by Wragge/Gowling WLG.

The report was an independent investigation into allegations that Hussain had abused his position as a councillor.

In June 2017 Mr Justice Green dismissed the claim, saying that on the evidence before the Court there was a serious prima facie case against the claimant.

The judge said the allegations of wrongdoing should be investigated properly in accordance with the formal arrangement instituted by the council under the Localism Act 2011. He lifted a temporary stay obtained by the claimant that prevented Sandwell from continuing with the investigation.

After losing the judicial review, Hussain paid £50,000 of the council’s costs. However, Sandwell had to go back to court to reclaim the balance of its legal fees.

Following a hearing on 30 April and 1 May, Master Nagalingam at the Royal Courts of Justice ordered Hussain to pay a total of £139,292.47 in costs, interest and court fees. This includes the £50,000 he has already paid.

Sandwell said that Hussain, who did not stand in last week’s local elections, is expected to be ordered to pay the outstanding amount over the next two weeks.

In January, the council’s standards sub-committee found that Hussain had breached the council’s Code of Conduct 12 times.

The sub-committee concluded that Hussain had pushed through the sale of three public toilets below their market value to a family friend in 2011/12 and instructed officers to reduce or cancel three parking tickets for his wife and sons.