Hale, R (on the application of) v North Sefton Justices [2002] EWHC 257 (Admin) (14 January 2002)

Hale, R (on the application of) v North Sefton Justices [2002] EWHC 257 (Admin) (14 January 2002)

It was reasonable for the claimant to instruct Mr Learmonth at a flat hourly rate of £140, and the Justices erred in law by applying a lower rate based on average direct costs plus mark-up. Attendance prior to charge was recoverable as 'in the proceedings', but attendance after acquittal was not. The higher travel...

Source-derived case information.

Citation
[2002] EWHC 257 (Admin)
Parties
Claimant: Philip Hale; Defendant: North Sefton Justices
Jurisdiction
England and Wales
Judgment Date
14 January 2002
Procedural Posture
Judicial Review / High Court (divisional Court) Judgment
Outcome
Application allowed in part
Legal Topics
Defendant's Costs Order, Reasonableness of Legal Expenses, Assessment of Costs, Solicitor's Hourly Rate, Scope of 'in the Proceedings' for Costs, Travel Expenses in Costs Claims
Criminal Law Costs and Taxation Judicial Review Defendant's Costs Order Reasonableness of Legal Expenses Assessment of Costs Solicitor's Hourly Rate Scope of 'in the Proceedings' for Costs +1 more

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Summary, issues, holding and outcome

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Parties

Philip Hale

Claimant

North Sefton Justices

Defendant

Procedural Posture

Judicial Review / High Court (divisional Court) Judgment

Legal Issues

  1. 1 Whether the Justices erred in law in determining the hourly rate for the claimant's solicitor for a defendant's costs order under section 16 of the Prosecution of Offences Act 1985
  2. 2 Whether attendances prior to charge and after acquittal are recoverable as expenses 'in the proceedings'
  3. 3 Whether the rate claimed for travel expenses was reasonable

Ratio Decidendi

It was reasonable for the claimant to instruct Mr Learmonth at a flat hourly rate of £140, and the Justices erred in law by applying a lower rate based on average direct costs plus mark-up. Attendance prior to charge was recoverable as 'in the proceedings', but attendance after acquittal was not. The higher travel expense rate was not proven to be generally applicable, so the lower rate applied.

Court Disposition

Application allowed in part

Orders

  • Quashing of the Justices' determination as to the solicitor's hourly rate and attendance prior to charge
  • Mandamus directing the Justices to substitute the amount claimed at £140 per hour for the solicitor's fees and to allow the claim for attendance prior to charge