Judges: Lord Justice Nolan And Justice Roch Citations: [1991] EWHC 1 (QB), [1991] Crim LR 699, [1991] 3 All ER 439, (1992) 94 Cr App R 272, (1991) 155 JP 1003, [1991] 3 WLR 235, [1991] RTR 271, [1991] 2 QB 532 Links: Bailii Statutes: Prosecution of Offences Act 1985 23(3), Costs in Criminal Cases … Continue reading Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991
The solicitors appealed against a wasted costs order. On the morning of the trial, they had produced further evidence leading to the collapse of the trial. Held: The appeal succeeded. The solicitors had not been given notice of the application, and on the facts there was no evidence sufficient to establish the required failure: ‘ … Continue reading Reeves and Co, Solicitors, Regina v: CACD 24 Mar 2011
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground. Held: She had brought the proceedings knowing of several reasons making her action inappropriate and unnecessary. However, she had followed proper procedures, the … Continue reading Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013
Claim for judicial review in which the claimant challenges an order made in the Crown Court which required him to pay the costs incurred by the Interested Parties in a private criminal prosecution for blackmail brought against them by the claimant. Held: The order was correct and justified. Judges: Lord Justice Males Citations: [2019] EWHC … Continue reading Holloway, Regina (on The Application of) v Bhui and Others: Admn 5 Jul 2019
HMCE appealed by case stated from an order for costs made against it. It had applied for orders for access to three banks and a public limited company. On the orders being made, the court allowed costs against HMCE for the third parties involved, under the 1985 Act and 1986 Regulations. HMCE said that the … Continue reading HM Customs and Excise v City of London Magistrates’ Court and Others: Admn 17 May 2000
Application for judicial review in respect of an order for costs made against the Commissioners of Customs and Excise in relation to proceedings brought by the Commissioners of Customs and Excise. Lord Wool of Barnes LCJ, Newman J [2001] EWHC Admin 33 Bailii Prosecution of Offences Act 198519(1), Costs in Criminal Cases (General) Regulations 1986 … Continue reading Commissioners of Customs and Excise, Regina (on The Application of) v The Crown Court at Leicester and Others: Admn 24 Jan 2001
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
Appeal from the decision of the determining officer to reduce the sum claimed in respect of her costs as a private prosecutor following an order of the court for Ms Matete to be compensated in accordance with s17 Prosecution of Offences Act 1985. Judges: Costs Judge Rowley Citations: [2022] EWHC 2660 (SCCO) Links: Bailii Statutes: … Continue reading Magon, Rex v: SCCO 12 Oct 2022
The court considered the words ‘in the proceedings’ in Regulation 7 of the 1986 Regulations. One issue was whether claims for attendance on the claimant prior to charge are for expenses incurred by the claimant ‘in the proceedings’. The court decided that claims for attendance prior to charge were encompassed by those words. Instructions were … Continue reading Hale, Regina (On the Application of) v North Sefton Justices: Admn 14 Jan 2002
Citations: [2007] EWHC 2895 (Admin) Links: Bailii Statutes: Costs in Criminal Cases (General) Regulations 1986 23 Jurisdiction: England and Wales Magistrates, Costs Updated: 12 July 2022; Ref: scu.261929
Judges: Holroyde J Citations: [2009] EWHC 987 (QB), [2009] 3 All ER 861 Links: Bailii Statutes: Costs in Criminal Cases (General) Regulations 1986 11 Jurisdiction: England and Wales Costs Updated: 27 June 2022; Ref: scu.346744
Judges: Holroyde J Citations: [2009] EWHC 986 (QB), [2009] 3 Costs LR 462 Links: Bailii Statutes: Costs in Criminal Cases (General) Regulations 1986 11 Jurisdiction: England and Wales Costs Updated: 23 June 2022; Ref: scu.346745
An order made by a judge that the prosecution pay the defence’s costs, which had been unnecessarily incurred after a failure properly to disclose evidence to them, was an order made as part of the Crown Court trial, and so was not susceptible to judicial review. Citations: Times 23-Feb-2001 Statutes: Prosecution of Offences Act 1985 … Continue reading Regina v Leicester Crown Court, ex parte Commissioners of Customs and Excise: QBD 23 Feb 2001
The defendant applied for its costs. It had been convicted for a breach of the Regulations, but the Inspector had not had the power to make the request it had denied. Held: ‘The present case is one in which the prosecution failed as a matter of law. Moreover, it failed because the offence with which … Continue reading Najib and Sons Ltd v Crown Prosecution Service: CACD 3 Jul 2018
Negligence on the part of a solicitor was capable of falling within the range of ‘unnecessary or improper act or omission’ so as to leave him open to a wasted costs order. A clerk, having stood near the place where the jury assembled, discussed the case with the defendant. A re-trial was necessary, and could … Continue reading In Re Sternberg Reed Taylor and Gill (A Firm): CACD 26 Jul 1999
‘Improper’ within the regulation does not mean morally reprehensible but improper in the sense of an act or omission which would not have occurred if the party concerned had conducted his case properly. Citations: [1991] 3 WLR 235 Statutes: Criminal Cases (General) Regulations 1986 3 Cited by: Cited – Oddy, Regina (on the Application of) … Continue reading Director of Public Prosecutions v Denham and Another: 1991
The applicant was a barrister. He had been tried and acquitted of criminal charges, and had been awarded cost from central funds. He appealed from a refusal of a claim for payment for the time he spent in preparation. Held: The applicant was bound by the Bar’s Code of Conduct, which would have required him … Continue reading Khan v Lord Chancellor: QBD 17 Jan 2003
For the purposes of a defendant reclaiming his costs, those costs were incurred where there was a contractual obligation on him to pay, and it was wrong for the court first to insist that he pay them, and then re-imburse him. It was not dependent upon issues about the likelihood of him ever paying. They … Continue reading Regina v Clerk to Liverpool Magistrates’ Court Ex Parte McCormick; Regina v Same; Ex Parte Larkin: QBD 12 Jan 2001
A wasted costs order must specify the amount payable when it is made. It is not open to a judge to go back later and amend the order to correct the defect, and particularly not to do so by awarding a sum greater than the amount claimed. In this case in any event, the award … Continue reading In Re Harry Jagdev and Co (Wasted Costs Order) (No 2 of 1999): CA 12 Aug 1999
A magistrate has an obligation to allow the side against whom a costs order is made to see the basis of the bill, but in absence of a request could proceed. Citations: Times 19-Aug-1997 Statutes: Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335) Criminal Practice Updated: 08 April 2022; Ref: scu.81569
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
Virgin had successfully taken a private prosecution against the defendants for copyright infringement. They sought an order for their costs to be paid from central funds. On taking confiscation proceedings, costs were now sought against the defendants. The court was asked what rates should apply. Sir John Thomas LCJ, Raffrty LJ, Holroyde J [2014] EWCA … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 11 Sep 2014
