Dowler v Merseyrail

Dowler v Merseyrail

The magistrates' court erred in law by refusing the defendant's costs order on the ground that the defendant brought the proceedings on himself, without considering whether he misled the prosecution, and by failing to give reasons for refusal in open court as required by the Practice Direction.

Parties
Claimant: David Dowler; Defendant: Merseyrail
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Defendant's Costs Order, Exercise of Judicial Discretion, Requirement to Give Reasons, Caution Vs Conviction
Criminal Law Costs Defendant's Costs Order Exercise of Judicial Discretion Requirement to Give Reasons Caution Vs Conviction

Case Brief

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Parties

David Dowler

Claimant

Merseyrail

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the magistrates' court properly exercised its discretion in refusing a defendant's costs order after proceedings were withdrawn and a caution accepted
  2. 2 Whether the magistrates were required to give reasons for refusing the costs order

Ratio Decidendi

The magistrates' court erred in law by refusing the defendant's costs order on the ground that the defendant brought the proceedings on himself, without considering whether he misled the prosecution, and by failing to give reasons for refusal in open court as required by the Practice Direction.

Court Disposition

Appeal allowed

Orders

  • Order of the magistrates' court refusing defendant's costs order quashed
  • Defendant's costs order to be made in favour of the appellant for costs from Central Funds, including costs incurred between refusal and application