The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been wrong to make the costs order.
Held: The appeal failed. The Crown Court rule providing agaoinst the making of a costs order where the appeal was abandoned was subject expressly to the power givenn to the Magistrates under section 109. ‘The Magistrates were bound to consider the application for costs under section 109 on its merits and in my judgment were right to reject the submission that legitimate expectation or abuse of process should have caused them to reject the application in limine.’
Judges:
Leveson LJ, Cranston J
Citations:
[2010] EWHC 639 (Admin)
Links:
Statutes:
Environmental Protection Act 1990, Magistrates’ Courts Act 1980 109, Crown Court Rules 11 12
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Crown Court at Knightsbridge ex parte Commission of Custom and Excise QBD 1986
The defendant had appealed against his conviction to the Crown Court, but then given notice under rule 11 of his abandonment of the appeal. A few months later a Crown Court judge allowed an application for its re-instatement.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Costs, Local Government
Updated: 17 August 2022; Ref: scu.408635
