Gibson, R (on the application of) v Environment Agency

Gibson, R (on the application of) v Environment Agency

The Justices were entitled to conclude, based on the evidence and reasonable inferences, that the applicants had sufficient means to pay the costs and compensation ordered within a reasonable period, and the costs claimed by the prosecution were reasonable; the costs order was not irrational or unlawful.

Parties
Applicant: Gibson; Respondent: Environment Agency
Jurisdiction
England and Wales
Judgment Date
31 March 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Costs Order
Outcome
appeal dismissed
Legal Topics
Costs Orders, Unlawful Deposit of Waste, Sentencing, Compensation, Appeals Procedure
Criminal Law Environmental Law Costs Orders Unlawful Deposit of Waste Sentencing Compensation Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gibson

Applicant

Environment Agency

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the costs order imposed by the Justices was irrational or unreasonable
  2. 2 Whether the applicants had sufficient means to pay the costs and compensation ordered
  3. 3 Whether the costs claimed by the prosecution were reasonable and properly incurred

Ratio Decidendi

The Justices were entitled to conclude, based on the evidence and reasonable inferences, that the applicants had sufficient means to pay the costs and compensation ordered within a reasonable period, and the costs claimed by the prosecution were reasonable; the costs order was not irrational or unlawful.

Court Disposition

appeal dismissed

Orders

  • Mr Gibson to pay £1,000 costs for the appeal, enforcement through magistrates
  • No costs order against Mr Jobson