Mach, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 645 (27 April 2001)

Mach, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 645 (27 April 2001)

No loss was caused to the Treasury Solicitor by the solicitors' conduct; therefore, the requirements for a wasted costs order were not met.

Citation
[2001] EWCA Civ 645
Parties
Claimant: Josef Mach; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 April 2001
Procedural Posture
Appeal (civil) / Appeal Against Wasted Costs Order From High Court (administrative Court)
Outcome
Appeal allowed
Legal Topics
Wasted Costs Orders, Judicial Review, Solicitor Conduct
Civil Procedure Administrative Law Wasted Costs Orders Judicial Review Solicitor Conduct

Case Brief

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Parties

Josef Mach

Claimant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal Against Wasted Costs Order From High Court (administrative Court)

Legal Issues

  1. 1 Whether the claimant's solicitors acted unreasonably in their communication with the court regarding withdrawal of the judicial review application
  2. 2 Whether any loss was caused to the Treasury Solicitor by the solicitors' conduct, justifying a wasted costs order

Ratio Decidendi

No loss was caused to the Treasury Solicitor by the solicitors' conduct; therefore, the requirements for a wasted costs order were not met.

Court Disposition

Appeal allowed

Orders

  • Wasted costs order of £400 against claimant's solicitor set aside
  • No order as to costs of the appeal