Holden & Co -v- Crown Prosecution Service (No 2); Steel Ford & Newton -v- Crown Prosecution Service and Another (No 2); HL 14-Jul-1993

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.’

Court: HL
Date: 14-Jul-1993
Judges: Lord Bridge
Links: Gazette,
References: [1994] 1 AC 22,
Cases Cited:
Cited By:

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Filed under Costs, Criminal Practice, Legal Professions

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