Cunningham, R (on the application of) v Exeter Crown Court

Cunningham, R (on the application of) v Exeter Crown Court

The Crown Court erred in principle by refusing a defendant's costs order without giving reasons, and there was no rational basis for refusal on the facts. The order must be quashed and costs awarded to the claimant.

Parties
Claimant: Patrick James Alexander Cunningham; Defendant: Exeter Crown Court
Jurisdiction
England and Wales
Judgment Date
28 January 2003
Procedural Posture
Judicial Review / Judgment After Hearing of Application for Judicial Review
Outcome
Application for judicial review allowed; order of Crown Court quashed.
Legal Topics
Defendant's Costs Order, Exercise of Judicial Discretion, Requirement to Give Reasons, Appeals From Magistrates to Crown Court
Criminal Law Judicial Review Costs Defendant's Costs Order Exercise of Judicial Discretion Requirement to Give Reasons Appeals From Magistrates to Crown Court

Case Brief

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Parties

Patrick James Alexander Cunningham

Claimant

Exeter Crown Court

Defendant

Procedural Posture

Judicial Review / Judgment After Hearing of Application for Judicial Review

Legal Issues

  1. 1 Whether the Crown Court erred in refusing a defendant's costs order without giving reasons
  2. 2 Whether the refusal was irrational or wrong in principle

Ratio Decidendi

The Crown Court erred in principle by refusing a defendant's costs order without giving reasons, and there was no rational basis for refusal on the facts. The order must be quashed and costs awarded to the claimant.

Court Disposition

Application for judicial review allowed; order of Crown Court quashed.

Orders

  • Crown Court to award the claimant his costs of the appeal to the Crown Court out of central funds.
  • Claimant awarded the costs of this application out of central funds.