Bernard v Dudley Metropolitan Borough Council

The prosecuting authority's unreasonable refusal to provide particulars necessitated the judicial review application; had the matter been adjudicated, the claimant would have succeeded and is entitled to costs on the indemnity basis.

Parties: Claimant: Dilisser Roy Bernard; First Defendant: Dudley Metropolitan Borough Council; Second Defendant: Dudley Magistrates' Court
Jurisdiction: England and Wales
Judgment Date: 30 January 2003
Procedural Posture: Judicial Review / Costs Determination After Provision of Particulars
Outcome: Costs awarded to claimant on indemnity basis
Legal Topics: Judicial Review, Costs, Health and Safety at Work Act, Prosecution Particulars

Administrative Law Criminal Procedure Judicial Review Costs Health and Safety at Work Act Prosecution Particulars

Case Brief

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Parties

Dilisser Roy Bernard

Claimant

Dudley Metropolitan Borough Council

First Defendant

Dudley Magistrates' Court

Second Defendant

Procedural Posture

Judicial Review / Costs Determination After Provision of Particulars

Legal Issues

1 Whether the prosecuting authority was obliged to provide particulars of the offences at the outset
2 Whether the claimant is entitled to costs after particulars were belatedly provided

Ratio Decidendi

Court Disposition

Costs awarded to claimant on indemnity basis

Orders

Costs of judicial review proceedings and today's cost proceedings to be paid by the prosecuting authority on the indemnity basis
Detailed assessment by a costs judge