Haigh, R (on the application of) v Westminster Magistrates' Court & Ors [2017] EWHC 2385 (Admin) (19 July 2017)

Haigh, R (on the application of) v Westminster Magistrates' Court & Ors [2017] EWHC 2385 (Admin) (19 July 2017)

The court held that the stage one test for a wasted costs order is satisfied only in respect of the instruction of Mr Fenwick QC and the introduction of new allegations of fraud, including the wrongful disclosure of privileged material. The application is to proceed on this narrow basis, and all other broader or generalised allegations are excluded from stage two. The court declined to recuse itself and found no basis for reopening other parts of the judgment.

Citation
[2017] EWHC 2385 (Admin)
Parties
Claimant: The Queen on the Application of Haigh; First Respondent: Westminster Magistrates' Court; First Interested Party: Mr Hisham Al Rayes; Second Interested Party: Mr Jinesh Patel; Second Respondent: Alun Jones QC
Jurisdiction
England and Wales
Judgment Date
19 July 2017
Procedural Posture
Judicial Review / Interlocutory Directions Hearing (stage One of Wasted Costs Application)
Outcome
Application to proceed to stage two on a narrow basis granted; recusal refused; directions given for amendment of application and evidence; costs of today reserved.
Legal Topics
Wasted Costs, Recusal, Fraud Allegations, Without Prejudice Privilege
Civil Procedure Costs Wasted Costs Recusal Fraud Allegations Without Prejudice Privilege

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Parties

The Queen on the Application of Haigh

Claimant

Westminster Magistrates' Court

First Respondent

Mr Hisham Al Rayes

First Interested Party

Mr Jinesh Patel

Second Interested Party

Alun Jones QC

Second Respondent

Procedural Posture

Judicial Review / Interlocutory Directions Hearing (stage One of Wasted Costs Application)

Legal Issues

  1. 1 Whether the court should recuse itself from hearing the wasted costs application
  2. 2 Whether the wasted costs application should proceed on a narrow basis limited to specific paragraphs of the earlier judgment
  3. 3 Whether there is sufficient material to satisfy the stage one test for a wasted costs order in respect of the instruction of Mr Fenwick QC

Ratio Decidendi

The court held that the stage one test for a wasted costs order is satisfied only in respect of the instruction of Mr Fenwick QC and the introduction of new allegations of fraud, including the wrongful disclosure of privileged material. The application is to proceed on this narrow basis, and all other broader or generalised allegations are excluded from stage two. The court declined to recuse itself and found no basis for reopening other parts of the judgment.

Court Disposition

Application to proceed to stage two on a narrow basis granted; recusal refused; directions given for amendment of application and evidence; costs of today reserved.

Orders

  • Application to be amended to clarify that wrongful disclosure of privileged material forms part of the unfounded allegations of fraud.
  • Application limited to wasted costs relating to the instruction of Mr Fenwick QC only.