The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors.
Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is no provision to order costs from Central funds on appeals against costs orders in criminal cases. It was just for a successful litigant, and perhaps a fortiori a successful appellant, to be able to recover his costs from someone, but it was not always so: ‘it is relatively commonplace for a party who is the victim of a misjudgment by an inferior court or tribunal to have to seek relief by an application for judicial review in circumstances where the Divisional Court cannot hold another party or the inferior tribunal itself liable in costs and there is no power to award costs from public funds.’
Judges: Lord Bridge
References:  1 AC 22,
- Holden & Co -v- Crown Prosecution Service (No 2); Similar Cases, CA, Appeal from, (Gazette 08-Jan-92,  1 WLR 407)
- Regina -v- Moore, CACD, Cited, (Times 15-May-03, Gazette 03-Jul-03)
- Regina on the Application of Christine Davies (No 2) -v- HM Deputy Coroner for Birmingham, CA, Cited, (Bailii,  EWCA Civ 207, Times 10-Mar-04,  3 All ER 543,  4 Costs LR 545,  1 WLR 2739,  Inquest LR 96, (2004) 80 BMLR 48)