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 case had an evidential basis, supported by expert evidence, and ‘this prosecution cannot be described as having been, at the outset and in the way that it was pursued, so self-evidently lacking in merit that the case should not have been brought or, put otherwise, it was without any realistic prospect of success.’ The order was quashed.
Judges:
Goldring LJ, Fulford J
Citations:
[2013] EWHC 356 (Admin)
Links:
Statutes:
Environmental Protection Act 1990 82(1), Costs in Criminal Cases (General) Regulations 1986 3, Prosecution of Offences Act 1985 19
Jurisdiction:
England and Wales
Citing:
Cited – Director of Public Prosecutions v Denning 1991
Nolan LJ considered the test for whether proceedings had been begiun ‘unnecessarily or improperly’so as to decide the question of costs awards in Magistrates proceedings, saying: ‘I would add in this connection that the word ‘improper’ in this . .
Cited – Suffolk County Council v Rexmore Wholesale Service Limited Admn 1994
A costs order had been made against the prosecution, who now appealed.
Held: It was necessary to look at the relevant decisions at the point the proceedings were instituted rather than applying a level of knowledge gathered later: ‘With the . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Nuisance, Costs
Updated: 16 August 2022; Ref: scu.472494
