Boodhoo (A Solicitor), Re (Wasted costs order): CACD 26 Jan 2007

The solicitor appealed a wasted costs order. He had been instructed by the defendant but the defendant had indicated his intention not to answer to his bail, and the solicitor had declined to continue his defence in the defendant’s absence, after an application for an adjournment had been refused.
Held: The appeal succeeded. Many issues might arise in a trial where the inability of a solicitor to take instructions might prove a professional embarassment: ‘while the solicitor’s presence might give an appearance of fairness, the fairness would be more apparent than real; it would be no more than a fig leaf to fairness. ‘


Lord Justice Pill, Mrs Justice Rafferty and Mr Justice Griffith Williams, QC


[2007] EWCA Crim 14, Times 05-Feb-2007




England and Wales

Criminal Practice, Legal Professions

Updated: 23 May 2022; Ref: scu.248842