The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion.
Held: The making of an award of costs from central funds might be available in exceptional circumstances. One such circumstance could be where the public were not party to the proceedings. Here, it was argued that he would be denied justice unless the court construed its own powers widely enough, and the human rights law required him to have legal assistance of his own choosing. Minelli could not be read so far. In the light of Holden, the court could not read section 13 so widely, and a costs order could not be made.
Rose LJ, Grigson, Beatson JJ
Times 15-May-2003, Gazette 03-Jul-2003
England and Wales
Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Cited – Cope v United Dairies 1963
Megaw LJ said: ‘Mr Hames agreed that the taxing master could not properly refuse to carry out an order for taxation, in whole or in part, because he considered it to be wrong or ultra vires, and the same applies to a court on review. With that . .
Cited – Taylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
Cited – Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2) HL 14-Jul-1993
The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors.
Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is . .
Cited – Regina v Preston Crown Court ex parte Lancashire County Council Admn 20-Jan-1998
A parent or person responsible for a child who had been summonsed to appear at the youth court was in a sufficient sense themselves an accused person to be able to apply for a defendant’s costs order after a case is withdrawn.
The court sought . .
Cited – McLean and Another v Buchanan, Procurator Fiscal and Another PC 24-May-2001
(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small . .
Cited – Minelli v Switzerland ECHR 25-Mar-1983
It was capable of being an infringement of a defendant’s right to a fair trial, to refuse to order payment of his costs after an acquittal in such a manner as to cast doubt on his innocence. ‘In the Court’s judgment, the presumption of innocence . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Costs, Human Rights
Updated: 06 May 2022; Ref: scu.182393