Chaudhary, R (on the application of) v Bristol Crown Court & Anor [2015] EWHC 723 (Admin) (18 March 2015)

Chaudhary, R (on the application of) v Bristol Crown Court & Anor [2015] EWHC 723 (Admin) (18 March 2015)

The power to award costs in criminal matters in the Crown Court is governed exclusively by the Criminal Procedure Rules following the repeal and amendment of the relevant enabling powers; Rule 12 of the Crown Court Rules 1982 no longer applies to criminal matters, and the Crown Court lacks inherent jurisdiction to award costs in such cases. The order for costs against the claimant was therefore wrong and must be quashed.

Citation
[2015] EWHC 723 (Admin)
Parties
Claimant: Mohammad Mumtaz Chaudhary; 1st Defendant: Bristol Crown Court; 2nd Defendant: HMRC
Jurisdiction
England and Wales
Judgment Date
18 March 2015
Procedural Posture
Judicial Review / Costs Determination Following Substantive Judgment
Outcome
Order for costs against the claimant quashed.
Legal Topics
Costs in Criminal Proceedings, Jurisdiction of Crown Court, Interpretation of Procedural Rules
Criminal Law Judicial Review Costs Costs in Criminal Proceedings Jurisdiction of Crown Court Interpretation of Procedural Rules

Case Brief

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Parties

Mohammad Mumtaz Chaudhary

Claimant

Bristol Crown Court

1st Defendant

HMRC

2nd Defendant

Procedural Posture

Judicial Review / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction to award costs in applications under section 59 Criminal Justice and Police Act 2001 after the implementation of the Criminal Procedure Rules
  2. 2 Whether Rule 12 of the Crown Court Rules 1982 remains in force for such costs awards
  3. 3 Whether the Crown Court has inherent jurisdiction to award costs in these circumstances

Ratio Decidendi

The power to award costs in criminal matters in the Crown Court is governed exclusively by the Criminal Procedure Rules following the repeal and amendment of the relevant enabling powers; Rule 12 of the Crown Court Rules 1982 no longer applies to criminal matters, and the Crown Court lacks inherent jurisdiction to award costs in such cases. The order for costs against the claimant was therefore wrong and must be quashed.

Court Disposition

Order for costs against the claimant quashed.

Orders

  • The order as to costs is quashed.