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 context does not necessarily connote some grave impropriety. Used, as it is in conjunction with the word ‘unnecessary’, it is in my judgment intended to cover an act or omission which would not have occurred if the party concerned had conducted his case properly.’
Judges:
Nolan LJ
Citations:
[1991] 2 QB 532
Cited by:
Approved – 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 . .
Cited – Bentley-Thomas v Winkfield Parish Council Admn 5-Feb-2013
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Costs
Updated: 06 May 2022; Ref: scu.510704
