The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to grant judicial review of that decision.
Held: The appeal failed. Applying the Bradford magistrates case, where that principle applied, the normal order was that no costs should be awarded. The Bradford principle was not limited to licensing cases. It was accepted by all parties that the police suspicion was reasonable, and that they had no choice other than to request forfeiture. They should not be deterred from making such a proper application for fear of a costs award against them.
Stanley Burnton LJ set out the principles derived: ‘(1) As a result of the decision of the Court of Appeal in Baxendale-Walker, the principle in the City of Bradford case is binding on this Court. Quite apart from authority, however, for the reasons given by Lord Bingham LCJ I would respectfully endorse its application in licensing proceedings in the magistrates’ court and the Crown Court.
(2) For the same reasons, the principle is applicable to disciplinary proceedings before tribunals at first instance brought by public authorities acting in the public interest: Baxendale-Walker.
(3) Whether the principle should be applied in other contexts will depend on the substantive legislative framework and the applicable procedural provisions.
(4) The principle does not apply in proceedings to which the CPR appl
(5) Where the principle applies, and the party opposing the order sought by the public authority has been successful, in relation to costs the starting point and default position is that no order should be made.
(6) A successful private party to proceedings to which the principle applies may nonetheless be awarded all or part of his costs if the conduct of the public authority in question justifies it.
(7) Other facts relevant to the exercise of the discretion conferred by the applicable procedural rules may also justify an order for costs. It would not be sensible to try exhaustively to define such matters, and I do not propose to do so.’
Lord Neuburger of Abbotsbury, Master of the Rolls, Lord Justice Maurice Kay and Lord Justice Stanley Burnton
[2010] EWCA Civ 40, [2010] 1 WLR 1508
Bailii, Times
Magistrates Courts Act 1980 820, Proceeds of Crime Act 2002
England and Wales
Citing:
Cited – Baxendale-Walker v Law Society CA 15-Mar-2007
The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue.
Held: There were no grounds for disturbing the . .
Appeal from – Perinpanathan v City of Westminster Magistrates Court Admn 10-Mar-2009
The claimant had successfully defended a forfeiture case, but had been refused an order for her costs by the magistrates. The magistrates had found that the case had been properly brought under the 2002 Act, even though it had failed.
Held: . .
Cited – Bradford City Metropolitan District Council v Booth QBD 10-May-2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The . .
Cited – Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis CA 1981
The applicant was sentenced to 18 months’ imprisonment for handling stolen currency notes from travellers at an airport. The police retained cash from his house, which he claimed. He applied for its return. The police not having opposed the . .
Cited – Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Cited – Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police QBD 9-Nov-1998
The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct . .
Cited – Regina v Stafford Crown Court ex parte Wilf Gilbert (Staffs) Limited Admn 22-Feb-1999
. .
Cited – Manchester City Council v Manchester Crown Court 2009
The local authority had unsuccessfully sought an anti-social behaviour order. It failed, and the court now considered the award of costs.
Held: The application had been properly made but had failed only because of progress subsequently made in . .
Cited – Cambridge City Council, Regina (On the Application of) v Alex Nestling Ltd Admn 17-May-2006
. .
Cited – Re Southbourne Sheet Metal Co Ltd CA 9-Sep-1992
The Secretary of State for Trade and Industry had sought orders of disqualification against the director and a co-director under the provisions of the Company Directors Disqualification Act 1986. The Secretary of State’s summons was supported by an . .
Cited – British Telecommunications Plc v Office of Communications CAT 20 CAT 27-May-2005
The dispute giving rise to the appeal had been between BT and Vodafone, which had supported the Office of Communications. Although BT had been successful, the tribunal refused to award it its costs.
Held: The Tribunal’s Rules conferred an . .
Not authoritative – Orton v Truro Crown Court and Another Admn 21-Jan-2009
An application had been made under section 298 of the 2002 Act for the forfeiture of cash. The application had been dismissed by the magistrates’ court, but they also refused order the defendant’s costs. The police appealed to the Crown Court . .
Cited – Re Elgindata Ltd (2) CA 15-Jul-1992
A successful plaintiff who had not been shown to have behaved improperly or unreasonably was not to have his costs reduced or be ordered to pay any part of his opponents costs for having pursued some unsuccessful points. Nourse LJ said that ‘(i) . .
Cited – In re Highfield Commodities Ltd ChD 1985
The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I . .
Cited – Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd HL 1992
A public authority is not required as a rule to give a cross undertaking in damages in a law enforcement action. As to the legal status of the statutory instrument in question, the courts could ‘declare it to be invalid’ if satisfied that the . .
Cited – Re Southbourne Sheet Metal Co Ltd CA 9-Sep-1992
The Secretary of State for Trade and Industry had sought orders of disqualification against the director and a co-director under the provisions of the Company Directors Disqualification Act 1986. The Secretary of State’s summons was supported by an . .
Cited – Donald Campbell v Pollak HL 1927
A plaintiff who goes takes his case to trial has no right to costs until an order is made, but if an order is made the court shall order that they follow the event unless in the circumstances of the case some other order should be made. It is only . .
Cited – Grimes v Crown Prosecution Service CA 27-Nov-2003
The CPS sought to enforce a confiscation order made by the Crown Court in proceedings against the claimant’s husband. She successfully established that she had been beneficially entitled to a one-half interest in the matrimonial home, and was . .
Cited – Walker v Royal College of Veterinary Surgeons PC 21-Nov-2007
The committee allowed the veterinary surgeon’s appeal for his removal from the register, substituting a six months’ suspension. The College opposed his request for his costs.
Held: The costs should be awarded.
Lord Mance said: ‘The Royal . .
Cited by:
Cited – Wiese v The UK Border Agency Admn 29-Jun-2012
The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which . .
Cited – Leeds City Council v Leeds District Magistrates and Another Admn 11-Apr-2013
The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given.
Held: There were no findings . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Costs
Updated: 01 November 2021; Ref: scu.396600
