Ahmati, R. v

Ahmati, R. v

The Home Office's failure to respond to court requests for information constituted serious misconduct under section 19B of the Prosecution of Offences Act 1985, justifying a third party costs order for wasted costs incurred in the appeal.

Parties
Appellant: Agron Ahmati; Third Party: Home Office; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Criminal Appeal / Post Appeal Costs Determination
Outcome
third party costs order made against Home Office
Legal Topics
Third Party Costs Orders, Serious Misconduct, Deportation Recommendation, Failure of Government Department
Criminal Law Administrative Law Third Party Costs Orders Serious Misconduct Deportation Recommendation Failure of Government Department

Case Brief

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Parties

Agron Ahmati

Appellant

Home Office

Third Party

Crown

Respondent

Procedural Posture

Criminal Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether the Home Office's conduct amounted to serious misconduct under section 19B of the Prosecution of Offences Act 1985
  2. 2 Whether a third party costs order should be made against the Home Office for wasted costs incurred in the appeal

Ratio Decidendi

The Home Office's failure to respond to court requests for information constituted serious misconduct under section 19B of the Prosecution of Offences Act 1985, justifying a third party costs order for wasted costs incurred in the appeal.

Court Disposition

third party costs order made against Home Office

Orders

  • Home Office to pay £750 by way of third party costs order under section 19B of the Prosecution of Offences Act 1985, apportioned £500 to Crown solicitors and £250 to solicitors for the defendant, payable within 14 days