The justices had fined a defendant three times the maximum penalty for a driving offence. Counsel appeared for the justices in the Divisional Court to admit that the penalty was in excess of jurisdiction and to assist the court, by reference to case law, as to the course it should adopt.
Held: An order of certiorari to quash the conviction was granted, but as to costs against the justices: ‘It is the rarest thing for this court to give costs against justices. The only case is when justices have done something which calls for strong disapproval from this court. In the present case the justices made a bona fide mistake. If the present applicant had appeared, or had instructed an advocate to appear for him before the justices, the difficulty would not have arisen because the attention of the justices would have been called to the mistake at the time.’
Judges:
Lord Goddard CJ
Citations:
[1948] 1 KB 397
Jurisdiction:
England and Wales
Cited by:
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Costs
Updated: 29 April 2022; Ref: scu.194528