Regina (Hale) v Southport Justices: QBD 14 Jan 2002

The applicant had been awarded the costs of his defence by the magistrates, but the bill was halved on assessment, on the basis that an agreement to engage a solicitor of more than four years admission to defend a charge of assault and battery, and to pay him on an hourly rate was unreasonable. He appealed.
Held: The clerk had misread the test in the section. It was not whether a less experienced solicitor would have been reasonably sufficient. The test was directed not to the choice of solicitor, but to the remuneration claimed. It was reasonable to agree to pay a solicitor on a flat hourly rate when charging practices at that time were in a transition period, and fees for advice prior to the actual charge were also within the section.


Lord Justice Auld and Mr Justice Gage


Times 29-Jan-2002


Prosecution of Offences Act 1985 16(6)


England and Wales

Costs, Magistrates, Criminal Practice

Updated: 26 May 2022; Ref: scu.167486