Haigh, R (on the application of) v Westminster Magistrates' Court & Ors

Haigh, R (on the application of) v Westminster Magistrates' Court & Ors

The court determined that the wasted costs application should proceed only on a narrow basis, limited to paragraphs 50-59 of the earlier judgment and specifically relating to the instruction of Mr Fenwick QC. Wider allegations and reopening other parts of the judgment were precluded as irrelevant to the application.

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 and Stage One Wasted Costs Application
Outcome
Application to proceed to stage two on a narrow basis granted; wider evidence and reopening of judgment precluded.
Legal Topics
Wasted Costs, Recusal, Fraud Allegations, Privilege
Civil Procedure Costs Wasted Costs Recusal Fraud Allegations Privilege

Case Brief

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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 and Stage One Wasted Costs Application

Legal Issues

  1. 1 Whether the court should recuse itself
  2. 2 Scope of wasted costs application
  3. 3 Relevance of wider allegations beyond paragraphs 50-59

Ratio Decidendi

The court determined that the wasted costs application should proceed only on a narrow basis, limited to paragraphs 50-59 of the earlier judgment and specifically relating to the instruction of Mr Fenwick QC. Wider allegations and reopening other parts of the judgment were precluded as irrelevant to the application.

Court Disposition

Application to proceed to stage two on a narrow basis granted; wider evidence and reopening of judgment precluded.

Orders

  • Applicant to amend application to clarify scope and inclusion of privileged material as part of fraud allegations.
  • Applicant given 35 days to submit material proving causation as to Mr Fenwick QC's instruction.