Williams v Telefonica 02 UK Ltd [2009] EWHC 3299 (QB) (18 December 2009)

Williams v Telefonica 02 UK Ltd [2009] EWHC 3299 (QB) (18 December 2009)

Shah Solicitors persisted with an application for a witness summons when a reasonably careful and responsible solicitor would not have done so, failing to properly instruct their expert and ignoring clear warnings and correspondence from O2. This conduct was negligent and unreasonable, justifying a wasted costs order.

Citation
[2009] EWHC 3299 (QB)
Parties
Prosecution: Regina; Defendant/respondent: Ricardo Williams; Third Party/applicant: Telefonica O2 UK Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Criminal / Post Trial Costs Ruling
Outcome
Application for wasted costs order granted
Legal Topics
Wasted Costs Order, Witness Summons, Expert Evidence, Disclosure
Criminal Law Costs Wasted Costs Order Witness Summons Expert Evidence Disclosure

Case Brief

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Parties

Regina

Prosecution

Ricardo Williams

Defendant/respondent

Telefonica O2 UK Limited

Third Party/applicant

Procedural Posture

Criminal / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether Shah Solicitors acted negligently and unreasonably in persisting with an application for a witness summons
  2. 2 Whether a wasted costs order should be made against Shah Solicitors

Ratio Decidendi

Shah Solicitors persisted with an application for a witness summons when a reasonably careful and responsible solicitor would not have done so, failing to properly instruct their expert and ignoring clear warnings and correspondence from O2. This conduct was negligent and unreasonable, justifying a wasted costs order.

Court Disposition

Application for wasted costs order granted

Orders

  • Costs to be paid by Shah Solicitors to O2 as wasted costs, subject to detailed assessment if not agreed, covering costs post-dating 17 November 2008