The court made an order for costs against a justice who ought not to have sat on a case. (Comment: ‘The granting of costs when a rule is made absolute for a certiorari is contrary to the usual practice: see Gray on Costs p 466 where it is said: ‘As there is no provision (in the statute 5 Geo 2, c 19) for the payment of costs where the order or other proceedings is quashed, neither party is in that case entitled to costs’.’)
Citations:
[1875] 1 QBD 173
Jurisdiction:
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 . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 24 November 2022; Ref: scu.194527