Walker, R. v

Walker, R. v

The wasted costs order was set aside because there was a genuine misunderstanding due to ambiguous court directions and the appellant was not given a fair opportunity to respond before the order was made.

Parties
Prosecutor: Regina; Appellant: Adam Walker
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Wasted Costs Order
Outcome
appeal allowed
Legal Topics
Wasted Costs, Solicitor's Conduct, Procedural Fairness
Criminal Law Costs Wasted Costs Solicitor's Conduct Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Adam Walker

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Order

Legal Issues

  1. 1 Whether the wasted costs order against the appellant solicitor was justified
  2. 2 Whether sufficient information and opportunity to respond was given before making the order

Ratio Decidendi

The wasted costs order was set aside because there was a genuine misunderstanding due to ambiguous court directions and the appellant was not given a fair opportunity to respond before the order was made.

Court Disposition

appeal allowed

Orders

  • wasted costs order set aside