The court considered the words ‘in the proceedings’ in Regulation 7 of the 1986 Regulations. One issue was whether claims for attendance on the claimant prior to charge are for expenses incurred by the claimant ‘in the proceedings’. The court decided that claims for attendance prior to charge were encompassed by those words. Instructions were given at a time when charge was imminent and the bail on which the claimant had been placed was about to expire.
Auld LJ said: ‘It seems to me that on a sensible approach it cannot reasonably be said that the advice sought and given at the initial attendance was not ‘in the proceedings’ simply because the charge had not yet been preferred.’
Judges:
Auld LJ, Gage J
Citations:
[2002] EWHC 257 (Admin)
Links:
Statutes:
Costs in Criminal Cases (General) Regulations 1986 7
Cited by:
Cited – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Aid
Updated: 30 July 2022; Ref: scu.347789