Spiteri, R (on the application of) v Basildon Crown Court

Spiteri, R (on the application of) v Basildon Crown Court

The Crown Court erred in law by refusing a defendant's costs order on grounds that did not meet the threshold of 'positive reasons' as required by the Practice Direction, and by relying on the claimant's acquittal on a technicality and his own conduct, neither of which justified refusal of costs.

Parties
Claimant: Elliott Spiteri; Defendant: Basildon Crown Court
Jurisdiction
England and Wales
Judgment Date
19 March 2009
Procedural Posture
Judicial Review / Substantive Hearing and Judgment
Outcome
Application for judicial review allowed; Crown Court's refusal of a defendant's costs order quashed; defendant's costs order substituted in claimant's favour.
Legal Topics
Defendant's Costs Order, Practice Direction (criminal Proceedings: Costs), Refusal to State a Case, Acquittal on Technicality
Criminal Law Judicial Review Costs Defendant's Costs Order Practice Direction (criminal Proceedings: Costs) Refusal to State a Case Acquittal on Technicality

Case Brief

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Parties

Elliott Spiteri

Claimant

Basildon Crown Court

Defendant

Procedural Posture

Judicial Review / Substantive Hearing and Judgment

Legal Issues

  1. 1 Whether the Crown Court erred in law in refusing to state a case regarding costs
  2. 2 Whether the refusal to award a defendant's costs order was lawful

Ratio Decidendi

The Crown Court erred in law by refusing a defendant's costs order on grounds that did not meet the threshold of 'positive reasons' as required by the Practice Direction, and by relying on the claimant's acquittal on a technicality and his own conduct, neither of which justified refusal of costs.

Court Disposition

Application for judicial review allowed; Crown Court's refusal of a defendant's costs order quashed; defendant's costs order substituted in claimant's favour.

Orders

  • Crown Court's refusal of a defendant's costs order quashed
  • Defendant's costs order made in claimant's favour covering Crown Court and Magistrates' Court proceedings