Thomas Boyd Whyte Solicitors v Haskell Solicitors, Re [2007] EWCA Crim 2740 (22 October 2007)

Thomas Boyd Whyte Solicitors v Haskell Solicitors, Re [2007] EWCA Crim 2740 (22 October 2007)

The wasted costs order against Thomas Boyd Whyte Solicitors was quashed because the procedure was unfair: they were not given notice or an opportunity to make representations. The wasted costs order against Haskell Solicitors was upheld because they were given notice, an opportunity to make representations, and there was no unfairness in the process.

Citation
[2007] EWCA Crim 2740
Parties
First Appellant: Thomas Boyd Whyte Solicitors; Second Appellant: Haskell Solicitors
Jurisdiction
England and Wales
Judgment Date
22 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Wasted Costs Orders
Outcome
First appeal (Thomas Boyd Whyte Solicitors) allowed and wasted costs order quashed; second appeal (Haskell Solicitors) dismissed and wasted costs order upheld.
Legal Topics
Wasted Costs Orders, Procedural Fairness, Negligence of Legal Representatives
Criminal Law Costs Wasted Costs Orders Procedural Fairness Negligence of Legal Representatives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thomas Boyd Whyte Solicitors

First Appellant

Haskell Solicitors

Second Appellant

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Orders

Legal Issues

  1. 1 Whether the procedure adopted in making wasted costs orders was fair
  2. 2 Whether the requirements of section 19A of the Prosecution of Offences Act 1985 were met
  3. 3 Whether an oral hearing was required before making a wasted costs order

Ratio Decidendi

The wasted costs order against Thomas Boyd Whyte Solicitors was quashed because the procedure was unfair: they were not given notice or an opportunity to make representations. The wasted costs order against Haskell Solicitors was upheld because they were given notice, an opportunity to make representations, and there was no unfairness in the process.

Court Disposition

First appeal (Thomas Boyd Whyte Solicitors) allowed and wasted costs order quashed; second appeal (Haskell Solicitors) dismissed and wasted costs order upheld.

Orders

  • Wasted costs order against Thomas Boyd Whyte Solicitors quashed.
  • Wasted costs order against Haskell Solicitors for £93 upheld.