The Chief Constable sought judicial review of the award against him of costs after a successful appeal against the revocation of a justices’ on-licence for premises in Coventry. The initial revocation had followed the cautioning of members of the licencee’s family, but not the licensee, after drugs had been found on searching the premises. The Chief constable said that he had not acted unreasonably or in bad failth, and the judgment on the successful appeal had contained no criticism.
Held: The request for judicial review succeeded. The judge at the crown court had been wrong to award costs. The judge had not wanted to criticise the police action publicly, but that was inappropriate, but even had the reasons been given they would have fallen short of the level of disapproval required before making an award of costs.
Judges:
Munby J
Citations:
[2000] EWHC 648 (Admin), [2001] LLR 144
Links:
Citing:
Cited – Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Cited – Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police Admn 9-Nov-1998
Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown . .
Lists of cited by and citing cases may be incomplete.
Police, Licensing, Costs
Updated: 24 July 2022; Ref: scu.331006