The claimants had had criminal charges brought against them by the defendants. A court had ordered them discharged, but the defendant had recommenced proceedings and these second set of proceedings had also been dismissed by the court. They now applied for their costs.
Held: The SFO’s conduct had been described as improper: ‘This application was, on any view, outside the norm. In my view, the conduct of the SFO took it there; and, despite the very high hurdle, I am satisfied that that conduct is worthy of being marked by this court with costs on the indemnity basis.’
Hickinbottom J
[2015] EWHC 263 (QB)
Bailii
England and Wales
Citing:
Cited – Reid Minty (a firm) v Taylor CA 2002
New CPR govern Indemnity Costs awards
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .
Cited – Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd TCC 10-Oct-2005
A unit constructed by the claimant had collapsed under a weight of rainwater. It had been constructed according to a design provided by the defendants. The claimants had discontinued the action on the morning of the trial, and the defendants now . .
Refusal of Voluntary indictment – Serious Fraud Office v Evans and Others QBD 14-Nov-2014
The court faced an application by the SFO for a voluntary bill of indictment. Similar charges against the defendants had been discharged. The allegations involved very substantial alleged frauds. . .
Cited – Regina v Horsham Justices, ex parte Reeves (Note) QBD 1980
The police had decided simply to re-lay charges which had already been dismissed after an extensive depositions hearing. The charges were simplified but essentially the same.
Held: This was an abuse of process. A court is possessed of a . .
Cited – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .
Cited by:
Cited – MX v Dartford and Gravesham NHS Trust and Others CA 17-Feb-2015
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant.
Held: An order should . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Costs
Updated: 12 January 2022; Ref: scu.542603