IPE Marble Arch Limited v Anthony Moran

IPE Marble Arch Limited v Anthony Moran

Voluntary bill proceedings are a criminal cause for the purposes of section 51(5) of the Senior Courts Act 1981. The statutory criminal costs regime applies, and there are no exceptional circumstances to justify applying the civil costs regime. The High Court has no power to award costs in these proceedings.

Parties
Prosecution: IPE Marble Arch Limited; Defendant: Anthony Moran
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Application for Costs Following Dismissal of Application for Leave to Prefer a Voluntary Bill of Indictment / Costs Hearing After Substantive Judgment
Outcome
Application for costs dismissed
Legal Topics
Costs, Voluntary Bill of Indictment, Jurisdiction, Civil Vs Criminal Costs Regime
Criminal Law Civil Procedure Costs Voluntary Bill of Indictment Jurisdiction Civil Vs Criminal Costs Regime

Case Brief

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Parties

IPE Marble Arch Limited

Prosecution

Anthony Moran

Defendant

Procedural Posture

Application for Costs Following Dismissal of Application for Leave to Prefer a Voluntary Bill of Indictment / Costs Hearing After Substantive Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to award costs in voluntary bill proceedings under the Civil Procedure Rules or its inherent power
  2. 2 Whether voluntary bill proceedings are a 'criminal cause' for the purposes of section 51(5) of the Senior Courts Act 1981
  3. 3 Whether exceptional circumstances exist to apply the civil costs regime

Ratio Decidendi

Voluntary bill proceedings are a criminal cause for the purposes of section 51(5) of the Senior Courts Act 1981. The statutory criminal costs regime applies, and there are no exceptional circumstances to justify applying the civil costs regime. The High Court has no power to award costs in these proceedings.

Court Disposition

Application for costs dismissed