After a trial was aborted, the solicitors, acting on counsel’s advice made an application for bail under the rules applying to the custody time limits. An unreported case had already decided the point, namely that once the jury had ben sworn, the limits ceased to apply. Though counsel, once told of the decision sought to withdraw the application, the solicitors were ordered to pay the costs of the application personally.
Held: The order was set aside. It could not be said that the solicitors had acted improperly unreasonably or negligently. On such appeals it is important for those applying to make available transcripts of the events at the lower court.
Judges:
Lord Justice Clarke Mr Justice Kay And The Recorder Of Bristol His Honour Judge Dyer
Citations:
Times 03-May-2000
Statutes:
Prosecution of Offences Act 1985 19A
Jurisdiction:
England and Wales
Citing:
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Cited – In the Matter of an Application for a Writ of Habeas Corpus Subjiciendum and In the Matter of Bozkurt Admn 3-Oct-1997
Custody time limits cease to apply once a jury has been sworn. . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Costs
Updated: 08 April 2022; Ref: scu.81934
