Boodhoo (a Solicitor), Re

The solicitor's decision to withdraw from representing the absent defendant was not unreasonable, improper, or negligent. The wasted costs order was therefore unjustified and must be quashed.

Parties: Appellant: Mr Harry Boodhoo; Intervener: The Law Society; Intervener: The Bar Council
Jurisdiction: England and Wales
Judgment Date: 26 January 2007
Procedural Posture: Criminal Appeal / Appeal Against Wasted Costs Order
Outcome: appeal allowed
Legal Topics: Wasted Costs Orders, Professional Conduct of Solicitors, Representation in Absence of Defendant, Withdrawal of Legal Representatives

Criminal Law Legal Profession Wasted Costs Orders Professional Conduct of Solicitors Representation in Absence of Defendant Withdrawal of Legal Representatives

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Mr Harry Boodhoo

Appellant

The Law Society

Intervener

The Bar Council

Intervener

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Order

Legal Issues

1 Whether the solicitor's withdrawal from representation in the defendant's absence was unreasonable so as to justify a wasted costs order
2 Whether the Recorder was correct in making a wasted costs order against the solicitor but not counsel
3 What are the professional duties of legal representatives when a defendant voluntarily absents himself from trial

Ratio Decidendi

The solicitor's decision to withdraw from representing the absent defendant was not unreasonable, improper, or negligent. The wasted costs order was therefore unjustified and must be quashed.

Court Disposition

appeal allowed

Orders

wasted costs order against Mr Harry Boodhoo quashed