Justices appeared by counsel on an appeal to resist, unsuccessfully, an application to set aside an order they had made in relation to the extension of licensing hours.
Held: Ordering them to pay the applicant’s costs: ‘If the justices appear in the Divisional Court they make themselves parties to the lis. They take the risk of being ordered to pay costs, and they are entitled to receive costs if they succeed in defeating the application. I have been trying to remind justices all over the country, not only in court, but in addresses I have given to them, of their rights under the Review of Justices’ Decisions Act, 1872. That Act was passed for the very purpose of allowing justices, against whom certiorari or mandamus was moved, to put in affidavits (on which they do not have to pay any stamp duty) giving their reasons, so that the court could decide the case on the affidavits; but if justices insist on instructing counsel to come before the court and argue the case, they are making themselves parties to a lis and will have to pay costs. At one time this court very rarely ordered costs, and I think the reason was that the Act of 1872 was overlooked; but for at least three years now I have been trying to remind justices of the presence of this Act on the Statute Book, and if they are not content with exercising the power Parliament has given them, but insist on appearing and arguing the case, they will have to pay costs if they lose. The justices in the present case have made themselves parties before this court and opposed the application, and the applicant is entitled to costs against them.’
Lord Goddard CJ
[1957] 1 WLR 809
Review of Justices’ Decisions Act 1872 3
England and Wales
Cited by:
Cited – Regina 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 . .
Cited – Regina v Newcastle Under Lyme Magistrates Court Ex Parte Massey and Others QBD 7-Oct-1994
Guidance was given on orders for payment of costs by justices who found themselves respondents to judicial review proceedings. Justices who refused consent to quash a committal and failing to appear may be subject to such orders. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.194532
