Grimes v Crown Prosecution Service

Grimes v Crown Prosecution Service

The judge erred by not starting from the general rule that the unsuccessful party pays the successful party's costs. The CPS, as an unsuccessful party, was not entitled to special treatment as a public body. There was no sufficient reason to depart from the general rule, and Mrs Grimes should recover her costs from the CPS.

Parties
Appellant: Jean Grimes; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Civil Appeal / Appeal From Order on Costs After Substantive Judgment
Outcome
Appeal allowed
Legal Topics
Costs, Confiscation Orders, Beneficial Interest in Property, Ancillary Relief
Civil Procedure Family Law Criminal Law Costs Confiscation Orders Beneficial Interest in Property Ancillary Relief

Case Brief

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Parties

Jean Grimes

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Civil Appeal / Appeal From Order on Costs After Substantive Judgment

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs between Mrs Grimes and the CPS
  2. 2 Whether the general rule that costs follow the event should apply to the CPS as an unsuccessful party
  3. 3 Whether the CPS's status as a public body affects its liability for costs

Ratio Decidendi

The judge erred by not starting from the general rule that the unsuccessful party pays the successful party's costs. The CPS, as an unsuccessful party, was not entitled to special treatment as a public body. There was no sufficient reason to depart from the general rule, and Mrs Grimes should recover her costs from the CPS.

Court Disposition

Appeal allowed

Orders

  • Order of Wilson J set aside
  • CPS to pay Mrs Grimes' costs before Wilson J, subject to detailed assessment