David Owusu Yianoma v Bar Standards Board
Given the BSB's regulatory role, funding structure, and the measured manner in which proceedings were brought and resisted, exposing it to adverse costs orders for a limited variation in sanction could have a chilling effect on its regulatory obligations. The appeal was not wholly successful, and the fair order is for each party to bear their own costs.
- Parties
- Claimant/appellant: David Owusu Yianoma; Defendant/respondent: Bar Standards Board
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Appeal / Ruling on Costs
- Outcome
- Each party to bear their own costs of the appeal.
- Legal Topics
- Costs in Regulatory Appeals, Professional Misconduct, Disciplinary Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
David Owusu Yianoma
Claimant/appellant
Bar Standards Board
Defendant/respondent
Procedural Posture
Appeal / Ruling on Costs
Legal Issues
- 1 Whether costs should be awarded against a regulatory body in a first appeal against an administrative decision
- 2 Appropriate exercise of discretion in awarding costs in disciplinary appeals
Ratio Decidendi
Given the BSB's regulatory role, funding structure, and the measured manner in which proceedings were brought and resisted, exposing it to adverse costs orders for a limited variation in sanction could have a chilling effect on its regulatory obligations. The appeal was not wholly successful, and the fair order is for each party to bear their own costs.
Court Disposition
Each party to bear their own costs of the appeal.
Orders
- No order as to costs; each party bears their own costs.
Full Case Text
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