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

Shah Solicitors acted unreasonably and negligently by persisting in an application for a witness summons after it was clear, from correspondence and prior judicial warning, that the application was pointless and irrelevant to the live issues. A reasonably careful solicitor would have reconsidered and withdrawn the application, avoiding unnecessary costs to O2.

Citation: [2009] EWHC 3299
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 Application
Outcome: Application for wasted costs order granted against Shah Solicitors.
Legal Topics: Wasted Costs Order, Witness Summons, Expert Evidence, Solicitor Negligence

Criminal Law Costs Wasted Costs Order Witness Summons Expert Evidence Solicitor Negligence

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Regina

Prosecution

Ricardo Williams

Defendant/respondent

Telefonica O2 UK Limited

Third Party/applicant

Procedural Posture

Criminal / Post Trial Costs Application

Legal Issues

1 Whether a wasted costs order should be made against Shah Solicitors for persisting in an application for a witness summons after it became pointless and inappropriate.

Ratio Decidendi

Court Disposition

Application for wasted costs order granted against Shah Solicitors.

Orders

Shah Solicitors to pay O2's wasted costs post-dating 17 November 2008, subject to detailed assessment if not agreed.