The Chief Constable of Essex Police v Douherty (Costs) [2020] EW Misc 9 (CC) (06 July 2020)

The Chief Constable of Essex Police v Douherty (Costs) [2020] EW Misc 9 (CC) (06 July 2020)

Costs in civil committal proceedings are to be assessed under CPR Part 44, not by reference to the defendant's means or the criminal costs regime. Section 26 LASPO does not apply where the defendant is in receipt of criminal legal aid. The claimant, as the successful party on the substantive applications, is entitled to its costs, summarily assessed, with enforcement stayed for three months to allow for any further application regarding the defendant's means.

Citation
[2020] EW Misc 9 (CC)
Parties
Claimant: The Chief Constable of Essex Police; Defendant: Roland Douherty
Jurisdiction
England and Wales
Judgment Date
06 July 2020
Procedural Posture
Civil Committal Application (breach of Gang Injunction) / Costs Determination After Judgment
Outcome
Costs order for claimant, enforcement stayed
Legal Topics
Costs in Committal Proceedings, Legal Aid Distinction (civil Vs Criminal), Application of CPR Part 44, Section 26 LASPO, Means Assessment for Costs
Civil Procedure Criminal Procedure Costs in Committal Proceedings Legal Aid Distinction (civil Vs Criminal) Application of CPR Part 44 Section 26 LASPO Means Assessment for Costs

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Parties

The Chief Constable of Essex Police

Claimant

Roland Douherty

Defendant

Procedural Posture

Civil Committal Application (breach of Gang Injunction) / Costs Determination After Judgment

Legal Issues

  1. 1 Whether costs in civil committal proceedings should be assessed as in civil or criminal cases
  2. 2 Whether Section 26 LASPO applies to defendants with criminal legal aid
  3. 3 Whether the defendant's means should be considered in making a costs order

Ratio Decidendi

Costs in civil committal proceedings are to be assessed under CPR Part 44, not by reference to the defendant's means or the criminal costs regime. Section 26 LASPO does not apply where the defendant is in receipt of criminal legal aid. The claimant, as the successful party on the substantive applications, is entitled to its costs, summarily assessed, with enforcement stayed for three months to allow for any further application regarding the defendant's means.

Court Disposition

Costs order for claimant, enforcement stayed

Orders

  • Defendant to pay claimant's costs of the N244 applications to commit, summarily assessed at £1,050.
  • Costs order stayed pursuant to CPR Part 3.1(2)(f) until 4pm on 6 October 2020.