The successful defendant had been refused the costs of paying his counsel.
Held: The assessor was wrong in asking himself whether the employment of counsel was necessary; that was the wrong test. The only issue was whether it was reasonable.
Citations:
[2008] EWHC 3037 (Admin)
Statutes:
Prosecution of Offences Act 1985 16
Cited by:
Cited – The Law Society of England and Wales, Regina (on The Application of) v The Lord Chancellor Admn 15-Jun-2010
Costs restriction not made under Act
The respondent had introduced rules which restricted the levels of costs which might be awarded from central funds to a successful defendant in a criminal trial who had take private representation. The amendment was made under powers in the 1985 . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Costs
Updated: 15 May 2022; Ref: scu.416818