DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin) (13 December 2013)

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin) (13 December 2013)

The Crown Court had no power, either statutory or inherent, to order costs against DLA Piper as it was not a party to the proceedings and there was no misconduct justifying a wasted costs order. The judge erred in making the order, and the error could be corrected by judicial review, which was not excluded as the order did not relate to trial on indictment.

Citation
[2013] EWHC 3970 (Admin)
Parties
Claimant: DLA Piper UK LLP; Defendant: BDO LLP
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Judicial Review (administrative Court) / Appeal by Way of Case Stated and Application for Judicial Review
Outcome
Order of costs against DLA Piper quashed; permission for judicial review granted.
Legal Topics
Witness Summons, Costs Orders, Inherent Jurisdiction, Wasted Costs Orders, Judicial Review, Party Status
Criminal Procedure Costs Witness Summons Costs Orders Inherent Jurisdiction Wasted Costs Orders Judicial Review Party Status

Case Brief

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Parties

DLA Piper UK LLP

Claimant

BDO LLP

Defendant

Procedural Posture

Judicial Review (administrative Court) / Appeal by Way of Case Stated and Application for Judicial Review

Legal Issues

  1. 1 Whether the Crown Court had power to order costs against a solicitor (DLA Piper) who was not a party to the proceedings after resisting a witness summons application.
  2. 2 Whether the inherent jurisdiction of the court could be used to fill a statutory gap regarding costs.
  3. 3 Whether DLA Piper could appeal by way of Case Stated or seek judicial review of the costs order.

Ratio Decidendi

The Crown Court had no power, either statutory or inherent, to order costs against DLA Piper as it was not a party to the proceedings and there was no misconduct justifying a wasted costs order. The judge erred in making the order, and the error could be corrected by judicial review, which was not excluded as the order did not relate to trial on indictment.

Court Disposition

Order of costs against DLA Piper quashed; permission for judicial review granted.

Orders

  • Permission for judicial review granted.
  • Order of HHJ Mowat for costs against DLA Piper quashed.