Search Results for: Costs in Criminal Cases General Regulations 1986 3

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Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008

The applicant had successfully defended himself in person on a motoring charge, and appealed refusal of an order for costs in his favour. Loss of earnings. Citations: [2008] EWHC 948 (Admin) Links: Bailii Statutes: Prosecution of Offences Act 1985 19(1), Costs in Criminal Cases General Regulations 1986 3 Jurisdiction: England and Wales Magistrates, Costs Updated: … Continue reading Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008

Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

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

Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991

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

Reeves and Co, Solicitors, Regina v: CACD 24 Mar 2011

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

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013

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

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Hale, Regina (On the Application of) v North Sefton Justices: Admn 14 Jan 2002

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

Holloway, Regina (on The Application of) v Bhui and Others: Admn 5 Jul 2019

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

O v Crown Court at Harrow: HL 26 Jul 2006

The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006

HM Customs and Excise v City of London Magistrates’ Court and Others: Admn 17 May 2000

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

Regina v Leicester Crown Court, ex parte Commissioners of Customs and Excise: QBD 23 Feb 2001

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

Najib and Sons Ltd v Crown Prosecution Service: CACD 3 Jul 2018

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

FMX Food Merchants Import Export Co Ltd v Revenue and Customs: SC 29 Jan 2020

This appeal concerns the meaning and effect of the phrase ‘Customs Debt’ in article 221(4) of the former Customs Code of the EU, contained in Council Regulation (EEC) No 2913/92. Customs duties may be due under ‘post-clearance demands’ and the Court now considered the time limits for such demands. The tax payer imported garlic, saying … Continue reading FMX Food Merchants Import Export Co Ltd v Revenue and Customs: SC 29 Jan 2020

In Re Sternberg Reed Taylor and Gill (A Firm): CACD 26 Jul 1999

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

Director of Public Prosecutions v Denham and Another: 1991

‘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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Regina v Clerk to Liverpool Magistrates’ Court Ex Parte McCormick; Regina v Same; Ex Parte Larkin: QBD 12 Jan 2001

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

In Re Harry Jagdev and Co (Wasted Costs Order) (No 2 of 1999): CA 12 Aug 1999

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

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

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

Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982

Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Marckx v Belgium: ECHR 13 Jun 1979

Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979

Commissioners of Customs and Excise, Regina (on The Application of) v The Crown Court at Leicester and Others: Admn 24 Jan 2001

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

Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011

The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay … Continue reading Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 11 Sep 2014

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

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

McLean and Another v Buchanan, Procurator Fiscal and Another: PC 24 May 2001

(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small fixed fee sum. In this case the defendants had the benefit of … Continue reading McLean and Another v Buchanan, Procurator Fiscal and Another: PC 24 May 2001

Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005