Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2): HL 14 Jul 1993

The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors.
Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is no provision to order costs from Central funds on appeals against costs orders in criminal cases. It was just for a successful litigant, and perhaps a fortiori a successful appellant, to be able to recover his costs from someone, but it was not always so: ‘it is relatively commonplace for a party who is the victim of a misjudgment by an inferior court or tribunal to have to seek relief by an application for judicial review in circumstances where the Divisional Court cannot hold another party or the inferior tribunal itself liable in costs and there is no power to award costs from public funds.’


Lord Bridge of Harwich


Gazette 14-Jul-1993, [1994] 1 AC 22, [1993] 2 All ER 769, [1993] 2 WLR 934


England and Wales


Appeal fromHolden and Co v Crown Prosecution Service (No 2); Similar Cases CA 8-Jan-1992
The Civil Court of Appeal has jurisdiction to award Costs from central funds and they should be made in favour of successful applicants against wasted costs orders in criminal proceedings. . .

Cited by:

CitedRegina 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 . .
CitedRegina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs, Legal Professions

Updated: 08 April 2022; Ref: scu.81435