Category: Costs

Hubert, Regina (on The Application of) v Manchester Crown Court and Another (2): Admn 18 Dec 2015

The claimant challenged orders consequential on the DPP’ decision to intervene to stop her intended private prosecution of two doctors

Burnett LJ, Irwin J
[2015] EWHC 3734 (Admin)
Bailii
England and Wales
Citing:
See Also – Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another Admn 18-Dec-2015
The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 08 January 2022; Ref: scu.557372

National Westminster Bank Plc v Rabobank Nederland: ComC 19 Jul 2007

[2007] EWHC 1742 (Comm)
Bailii
England and Wales
Citing:
See Also – National Westminster Bank Plc v Rabobank Nederland ComC 3-Feb-2006
. .
See Also – National Westminster Bank Plc v Rabobank Nederland ComC 7-Aug-2006
Claim for duty of bank to reveal extent of its own involvement where it was supporting investments as between its customers. . .
See Also – National Westminster Bank Plc v Rabobank Nederland ComC 15-Sep-2006
Application for discovery of documents. . .
See Also – National Westminster Bank Plc v Rabobank Nederland CA 24-Oct-2006
. .
See Also – National Westminster Bank Plc v Rabobank Nederland ComC 14-Nov-2006
On a request for a strike out the test in every case must be what is just and proportionate; and at para 62, as a postscript, that ‘nothing in this judgment affects the correct approach in a case where an application is made to strike out a . .
See Also – National Westminster Bank Plc v Rabobank Nederland ComC 11-May-2007
. .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 08 January 2022; Ref: scu.258167

Financial Reporting Council Ltd v Frasers Group Plc: ChD 8 Oct 2020

Consequential matters – permission to appeal and costs.

Nugee LJ
[2020] EWHC 2656 (Ch)
Bailii
England and Wales
Citing:
Appeal from – The Financial Reporting Council Ltd v Frasers Group Plc ChD 5-Oct-2020
‘This application raises the question whether 3 documents in the hands of the Respondent are privileged from production to the Applicant on the grounds of litigation privilege.’ . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 08 January 2022; Ref: scu.654538

Jones v Longley and Others: ChD 20 Nov 2015

The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour.
Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets of rules, one for lawyers and one for laymen. If you embark on litigation without a lawyer, you cannot expect to be judged by rules different from those which apply to litigants legally represented.’

Master Matthews
[2015] EWHC 3362 (Ch)
Bailii
Senior Courts Act 1981 51, Civil Procedure Rules 44.2(1)
England and Wales

Wills and Probate, Costs

Updated: 08 January 2022; Ref: scu.556755

Various Claimants v McAlpine and Others: QBD 4 Dec 2015

Setting of costs budgets under a Group Litigation Order

Supperstone J, Leslie, M, Gordon-Saker SM SCJ
[2015] EWHC 3543 (QB)
Bailii
England and Wales
Cited by:
See Also – Various Claimants v Mcalpine and Others QBD 15-Jan-2016
Reasons for rejection of application for reliance upon expert evidence. . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 January 2022; Ref: scu.556490

The Leasing Number 1 Partnership v Revenue and Customs (Procedure : Other): FTTTx 6 Oct 2015

FTTTx PROCEDURE – Costs – Whether appellants acted unreasonably in not withdrawing appeals sooner – No – Whether evidence of ‘without prejudice’ documents and negotiations admissible in resisting respondents application – Application dismissed

[2015] UKFTT 601 (TC)
Bailii
England and Wales

Taxes Management, Costs

Updated: 07 January 2022; Ref: scu.556397

North Midland Construction Plc v Geo Networks Ltd: TCC 30 Oct 2015

Judgment as to the costs of two applications by the Defendant to strike out the claim form in two actions brought by the Claimant, the Project Yellow claim and the Fibrespeed claim, for failure to serve Particulars of Claim within the relevant time limit. In each case there was a reciprocal application by the Claimant for relief from sanctions. In the Project Yellow claim relief was granted, but in the Fibrespeed claim relief was refused the claim form struck out.

Edwards-Stuart J
[2015] EWHC 3063 (TCC)
Bailii
England and Wales

Costs

Updated: 06 January 2022; Ref: scu.554821

Major Thomas Cochrane v Robert Lord Blantyre: HL 4 Apr 1726

Costs and Expences. –
Trust bonds granted conditionally, if the grantor should procure two commissions held by the grantee, of which he then executed resignations, are reduced upon the ground, that though the grantor held the said resignations in his hands, he did not procure the new commissions in virtue thereof, but in consequence of other means and considerations: but the Court having refused the pursuer his costs, the judgment is reversed, and it is ordered that the Court do case these costs to be taxed and ascertained and forthwith paid to the pursuer.
Appeal – The pursuer having craved that the bonds might be delivered up to him by the clerk, but the defender having stated that he meant to appeal, and the Court having ordered the bonds to remain in process, and not to be delivered up without a fresh warrant, their judgment is affirmed.

[1726] UKHL Robertson – 558, (1726) Robertson 558
Bailii
Scotland

Costs, Trusts

Updated: 05 January 2022; Ref: scu.554229

GBM Minerals Engineering Consultants Ltd v GB Minerals Holdings Ltd (No 2 Costs): TCC 28 Oct 2015

Fraser J
[2015] EWHC 3091 (TCC)
Bailii
England and Wales
Citing:
See Also – GBM Minerals Engineering Consultants Ltd v GB Minerals Holdings Ltd TCC 21-Oct-2015
‘the claimant, GBM Minerals Engineering Consultants Ltd claims a sum slightly in excess of andpound;594,000, said to be due under a contract dated 18 January 2010, pursuant to which the defendant, a Canadian company called GB Minerals Holdings Ltd, . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 05 January 2022; Ref: scu.554188

Law v Liverpool City Council: SCCO 10 May 2005

Stewart QC HHJ
[2005] EWHC 90020 (Costs)
Bailii
Citing:
Cited – King v The Victoria Insurance Company Limited PC 20-Mar-1896
Queensland – A cargo of wool was insured ‘at and from Townsville to London’. The lighter carrying the cargo to the ship capsized in the harbour. The insurers paid out and, taking an assignment of the action sued the defendant Government. The latter . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 05 January 2022; Ref: scu.553661

In re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002

The normal rules as to costs contained in the CPR should also be followed in probate actions save only that the judge should also take account of the guidance in the Spiers case, where an alternative costs order might be made if the testator or those interested in the residue had been the cause of the litigation or if the circumstances led reasonably to an investigation. In this case a challenge to the will failed, but the challenge had not been without merit, and it remained appropriate to make an order that one half of the claimant’s costs be payable from the estate.
A testator, when there is no suggestion of insanity, is presumed to have remained sane: ‘The burden of proving that a testator knew and approved of the contents of his will lies on the party propounding the will. In the ordinary course, the burden will be discharged by proving the due execution of the will and that the testator had testamentary capacity. Where, however, the will was prepared in circumstances exciting suspicion something more may be required from those propounding the will by way of proof of knowledge and approval of its contents. A relevant standard of proof is, however, simply by reference to that balance of probability.’
As to proof of execution of the will, Rimer J said: ‘The burden of proving that a testator knew and approved of the contents of his will lies on the party propounding the will. In the ordinary course, the burden will be discharged by proving the due execution of the will and that the testator had testamentary capacity. Where, however, the will was prepared in circumstances exciting suspicion, something more may be required from those propounding the will by way of proof of knowledge and approval of its contents. The relevant standard of proof is, however, simply by reference to the balance of probability.’
On undue influence, Rimer J said: ‘the burden of proving that the May will was procured by undue influence on the part of the Carapetos lies squarely on the defendants. He disclaimed any suggestion that in circumstances such as those of the present case there is any scope for a presumption that undue influence was brought to bear on Miss Good, such that the burden is on the Carapetos to rebut it.
In this context, undue influence means coercion. The defendants have to show that, one way or another, the Carapetos so manipulated Miss Good that she felt she had no choice but to make the May will. ‘

Justice Rimer
Times 22-May-2002, Gazette 07-Jun-2002, (2002) WTLR 801, [2002] All ER 141, [2002] EWHC 640
Civil Procedure Rules 44.3
England and Wales
Citing:
Cited – Spiers v English 1907
The two main principles which should guide the court in determining that costs in an appropriate suit are not to follow the event are firstly where the testator or those interested in the residue had been the cause of the litigation and secondly, if . .
Cited – Hall v Hall 1868
Even a reprehensible placing of pressure on a testator will not always be undue influence so as to avoid the will: ‘To make a good will a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affection or ties of . .
Cited – Wingrove v Wingrove 19-Nov-1885
To establish the presence of undue influence it is not enough to establish that a person has the power to overbear the will of the testator. It must be shown that the will was a result of the exercise of that power
Sir James Hannen said: ‘To . .

Cited by:
Appeal from – Carapeto v William Marsh Good and others CA 20-Jun-2002
Reltives of the deceased had challenged the will, alleging undue influence and lack of capacity. They sought leave to appeal the grant of probate of the will.
Held: The appeal had no realistic prospect of success. . .
Cited – Ark and Others v Kaur and Others ChD 17-Sep-2010
The proponents sought to have the will (executed in India) admitted to probate. The daughters denied that he had executed it. The court heard detailed explanations of the procedures said to have been undertaken for the making and execution of the . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Costs, Civil Procedure Rules

Updated: 05 January 2022; Ref: scu.171261

Qader and Others v Esure Services Ltd: TCC 15 Oct 2015

The key issue raised in the appeal is whether, on a proper construction of the relevant provisions of the CPR, a fixed recoverable costs regime now applies to low value personal injury claims arising out of a road traffic accident, which start under the RTA Protocol but no longer continue under that Protocol or the Stage 3 Procedure, and instead proceed on the multi track.

David Grant HHJ
[2015] EWHC B18 (TCC)
Bailii

Personal Injury, Costs

Updated: 04 January 2022; Ref: scu.553504

The Test Claimants In The FII Group Litigation v The Commissioners of Inland Revenue and Another: ChD 14 Oct 2015

Henderson J
[2015] EWHC 2883 (Ch)
Bailii
England and Wales
Cited by:
At ChD – Franked Investment Income Group Litigation, The Test Claimants In v Revenue and Customs CA 24-Nov-2016
. .
At ChD – Littlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European, Costs

Updated: 04 January 2022; Ref: scu.553500

M’Alinden v James Nimmo and Co Ltd: HL 1 Jul 1919

It is open to an arbiter acting under the Workmen’s Compensation Acts, upon sufficient evidence being adduced, to increase the compensation granted to a workman on partial incapacity, on the ground that though there is no change in his physical state, there is a greater difficulty than had been contemplated at the time of the original grant in his obtaining employment. Circumstances in which held that an arbiter had facte before him to entitle him to increase an original award.
The Scots Act 1424, cap. 24 (1424, cap. 45), dealing with pauper causes, enacts-‘ . . Ana gif sic cause be obtenyt the wrangar sail asseyth bath the party scathit and the aduocatis costis and truale. . . ‘
Held that the practice of the House of Lords was established as to the question of expenses in a poor’s cause, and could not be altered because of an early Scots statute which had not in contemplation an appeal to the House of Lords.

Viscouut Finlay, Viscount Cave, Lord Dunedin, Lord Shaw, and Lord Wrenbury
[1919] UKHL 522, 56 SLR 522
Bailii
Scotland

Personal Injury, Damages, Costs

Updated: 04 January 2022; Ref: scu.632783

Ghadami v Bloomfield and Others: CA 14 Jul 2015

Gloster LJ
[2015] EWCA Civ 914
Bailii
England and Wales
Cited by:
See Also – Ghadami v Bloomfield and Others ChD 17-Jun-2016
Proceedings against 19 defendants for damages of up to andpound;36,000,000 for conspiracy, interference with a contract or business, inducing or procuring a breach of contract and causing loss by unlawful means. The court now explained how the court . .

Lists of cited by and citing cases may be incomplete.

Costs

Updated: 03 January 2022; Ref: scu.551698

Sarpd Oil International Ltd v Addax Energy SA and Another: ComC 14 Aug 2015

Application for security for costs raising four questions: ‘i) Whether on the evidence of this case (which I describe below and is broadly typical of many applications of this kind) the condition in CPR25.13(2)(c) is satisfied.
ii) Whether the court can and should order security for defendant’s costs in pursuing a CPR part 20 claim against the third party.
iii) Whether the court can and should order security for the liability that the defendant might incur if ordered to pay the costs of the third party.
iv) Whether, and if so how, approved or agreed costs budgets are relevant to the quantum of security for costs ordered.’

Andrew Smith J
[2015] EWHC 2426 (Comm)
Bailii

Costs

Updated: 03 January 2022; Ref: scu.551298

Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must not be exercised in a manner which undermines the statute under which the proceedings are brought or in a way which deprives a litigant of rights conferred by that statute. An adjournment cannot be granted if the only purpose is to avoid the consequences which the law provides will follow, should the hearing continue.’

Moses J, Lord Justice Schiemann
Times 12-Dec-1997, [1997] EWHC Admin 1043, [1999] 1 WLR 642, [1998] 2 EGLR 19, [1998] EHLR 42, [1998] Env LR 354, [1998] 1 All ER 759, [1998] 18 EG 133, (1998) 30 HLR 902
Bailii
Environmental Protection Act 1990, Magistrates Courts Act 1980 54
England and Wales
Citing:
Cited – Regina v Walsall Justices, ex parte W (a minor) QBD 1990
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that . .

Cited by:
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Cited – Commissioner of Police of the Metropolis v Hooper QBD 16-Feb-2005
The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police . .

Lists of cited by and citing cases may be incomplete.

Costs, Magistrates

Updated: 03 January 2022; Ref: scu.137988

Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Richards, Christopher Clarke LJJ
[2015] EWCA Civ 774, [2015] 4 Costs LR 707, [2015] CP Rep 45
Bailii
England and Wales
Citing:
See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See Also – Emmott v Michael Wilson and Partners Ltd ComC 12-Jan-2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order.
Held: The conditions for a peremptory . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .

Cited by:
See Also – Michael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See Also – Michael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .
See Also – Emmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .

Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Costs

Updated: 02 January 2022; Ref: scu.550494

Schaathun v Executive and Business Aviation Support Ltd (Practice and Procedure: Costs): EAT 13 Jul 2015

PRACTICE AND PROCEDURE – Costs
The Employment Judge came to an impermissible conclusion on the facts in finding that the Claimant had asked the Tribunal to make a Norwegian interpreter available at the Full Hearing. Her email was plainly an enquiry if it would be possible for an interpreter to be present. Further, she was not responsible for the adjournment of the proceedings because the Tribunal could not provide an interpreter. The Claimant was not asked whether she would proceed without one or whether she was proposing to provide her own interpreter. Her enquiry did not cross the high threshold referred to in Dr Osonnaya v Queen Mary University of London UKEAT/0225/11.

Slade DBE J
[2015] UKEAT 0615 – 11 – 1307
Bailii
England and Wales
Citing:
Applied – Osonnaya v Queen Mary – University of London EAT 17-Jul-2013
EAT Practice and Procedure : Striking-Out or Dismissal – The Employment Judge was entitled to strike out the Claimant’s claims for unreasonable conduct, failure to observe the orders of the Tribunal and for . .
See Also – Schaathun v Executive and Business Aviation Support Ltd (Unfair Dismissal: Automatically Unfair Reasons) EAT 30-Jun-2015
EAT UNFAIR DISMISSAL – Automatically unfair reasons
The Claimant claimed that she had been automatically unfairly dismissed for making protected disclosures within the meaning of Employment Rights Act 1996 . .

Lists of cited by and citing cases may be incomplete.

Employment, Costs

Updated: 02 January 2022; Ref: scu.550309

Gotch and Another v Enelco Ltd: TCC 3 Jul 2015

Claim brought under Part 8 of the CPR for a declaration that the building contract that the Claimants entered into with the Defendant does not entitle the Defendant to refer a dispute to adjudication.

Edwards-Stuart J
[2015] EWHC 1802 (TCC), [2015] TCLR 8, [2015] 4 Costs LR 669
Bailii
England and Wales

Construction, Arbitration, Costs

Updated: 02 January 2022; Ref: scu.550211

Hemming Mp v Birmingham City Council: Admn 11 Mar 2015

The claimant, a local MP had brought proceedigs in the magistrates court against the authority in respect of its alleged failure to control litter. He appealed by case stated against an order that he pay the authority’s costs of defending the action, amd now challenged the cae as stated saying that it was inadeuate.
Held: The challenge failed.

[2015] EWHC 1472 (Admin)
Bailii

Magistrates, Costs

Updated: 02 January 2022; Ref: scu.550013

The Sunday Times v The United Kingdom (No 1): ECHR 6 Nov 1980

The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14).
During the proceedings on the merits, the applicants, without quantifying their claim, had requested the Court to declare, in application of Article 50, that the Government of the United Kingdom should pay the costs and expenses which they, the applicants, had incurred in connection with the contempt litigation in the English courts and the proceedings before the Commission and the Court.
Held: By thirteen votes to three that the United Kingdom was to pay to the applicants, in respect of costs and expenses incurred in connection with the proceedings before the Commission and the Court, the sum of twenty-two thousand six hundred and twenty-six pounds sterling and seventy-eight pence, but rejects unanimously the remainder of the claim for just satisfaction.
The requirement of foreseeability was summarised by the court as follows: ‘A norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able – if need be with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.’

Mr. G. BALLADORE PALLIERI, P
[1980] ECHR 6, (1981) 3 EHRR 317
Bailii
European Convention on Human Rights 50
Human Rights
Citing:
See Also – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .

Cited by:
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Costs, Media

Updated: 02 January 2022; Ref: scu.564993

National Highways Ltd v Heyatawin and Others (Costs): QBD 18 Nov 2021

[2021] EWHC 3093 (QB)
Bailii
England and Wales
Citing:
Main judgment – National Highways Ltd v Heyatawin and Others QBD 17-Nov-2021
The court considered allegations of contempt of court by protesters disobeying court injunctions.
Held: The allegations were variously proved, and indeed were largely uncontested. Sentences of imprisonment were imposed ranging up to 6 months: . .

Lists of cited by and citing cases may be incomplete.

Costs, Contempt of Court

Updated: 01 January 2022; Ref: scu.669941

Mars Uk Ltd v Teknowledge Ltd (No 2): ChD 8 Jul 1999

Where a hearing had been in part successful for both parties an award of interim costs was appropriate, suitably reduced to be an amount reasonably payable in advance of formal assessment by taxation. A party who had sought to resolve the matter by negotiation should have that reflected in their favour when making the order.

Gazette 11-Aug-1999, Times 08-Jul-1999
England and Wales

Costs

Updated: 31 December 2021; Ref: scu.83423

Murphy v Media Protection Services Ltd: Admn 8 Mar 2012

A prosecution was laid against the defendant who used a decoder to receive football programmes in her public house via a satellite which beamed the programmes from a provider in Greece. The allegation made by the defence was that this was in effect an attempt to enforce a geographical restriction which was contrary to European Union law. It had been conceded by the prosecutor that the finding of dishonesty against the defendant in that case could not stand if the geographical restriction on the use of the decoder was indeed unlawful.

Stanley Burnton LJ, Barling J
[2012] EWHC 529 (Admin), [2012] 3 CMLR 3, [2012] FSR 13, [2013] 1 Costs LR 16
Bailii
England and Wales
Cited by:
Cited – Federation Against Copyright Theft Ltd v Ashton Admn 7-Jun-2013
The Federation appealed against a decision rejecting its complaint against the defendant of having committed offences under the 1988 Act. He ran a social club, and was accused of showing material taken via a contract with Virgin for private showing, . .

Lists of cited by and citing cases may be incomplete.

Costs, Intellectual Property, Crime

Updated: 30 December 2021; Ref: scu.451875

Minelli v Switzerland: ECHR 25 Mar 1983

It was capable of being an infringement of a defendant’s right to a fair trial, to refuse to order payment of his costs after an acquittal in such a manner as to cast doubt on his innocence. ‘In the Court’s judgment, the presumption of innocence will be violated if, without the accused’s having previously been proved guilty according to law and, notably, without his having had the opportunity of exercising his rights of defence, a judicial decision concerning him reflects an opinion that he is guilty. This may be so even in the absence of any formal finding; it suffices that there is some reasoning suggesting that the court regards the accused as guilty.’

8660/79, (1983) 5 EHRR 554, [1983] ECHR 4
Worldlii, Bailii
European Convention on Human Rights 6
Human Rights
Cited by:
Cited – Regina v Moore CACD 12-May-2003
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion.
Held: The making . .
Cited – Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor) PC 28-Jun-2005
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution.
Held: Section 8 of the Constitution, like its analogue article 6 of the European . .
Cited – Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Costs, Criminal Practice

Updated: 30 December 2021; Ref: scu.164916