Perinpanathan, R (on the application of) v City of Westminster Magistrates Court & Anor (Rev 1) [2010] EWCA Civ 40 (04 February 2010)

Perinpanathan, R (on the application of) v City of Westminster Magistrates Court & Anor (Rev 1) [2010] EWCA Civ 40 (04 February 2010)

The principle in City of Bradford v Booth applies to POCA s.298 forfeiture proceedings: magistrates' courts have a broad discretion as to costs, and where a public authority acts reasonably and in the public interest, it should not ordinarily be ordered to pay costs to a successful party absent good reason. Section 64 does not mandate that costs follow the event in such cases.

Citation
[2010] EWCA Civ 40
Parties
Appellant: Amaravathi Perinpanathan; First Respondent: City of Westminster Magistrates Court; Second Respondent: Metropolitan Police Commissioner
Jurisdiction
England and Wales
Judgment Date
04 February 2010
Procedural Posture
Judicial Review Appeal / Appeal From Divisional Court (queen's Bench Division) to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Costs in Magistrates' Courts, Forfeiture of Cash, Proceeds of Crime Act 2002, Judicial Review, Discretion in Costs Orders, Public Authority Litigation
Criminal Law Civil Procedure Public Law Costs in Magistrates' Courts Forfeiture of Cash Proceeds of Crime Act 2002 Judicial Review Discretion in Costs Orders +1 more

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Parties

Amaravathi Perinpanathan

Appellant

City of Westminster Magistrates Court

First Respondent

Metropolitan Police Commissioner

Second Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Divisional Court (queen's Bench Division) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the principle in City of Bradford v Booth applies to costs orders in POCA s.298 forfeiture proceedings
  2. 2 Whether magistrates' courts should order costs against public authorities acting reasonably in public interest
  3. 3 Proper construction and application of section 64 Magistrates' Courts Act 1980

Ratio Decidendi

The principle in City of Bradford v Booth applies to POCA s.298 forfeiture proceedings: magistrates' courts have a broad discretion as to costs, and where a public authority acts reasonably and in the public interest, it should not ordinarily be ordered to pay costs to a successful party absent good reason. Section 64 does not mandate that costs follow the event in such cases.

Court Disposition

Appeal dismissed

Orders

  • No order for costs against the Metropolitan Police Commissioner
  • Magistrates' decision refusing costs order upheld