Galandauer v Snaresbrook Crown Court

Galandauer v Snaresbrook Crown Court

The Crown Court's order quantifying costs at £150 plus VAT was quashed because it failed to identify circumstances justifying a reduced award under section 16(7) of the 1985 Act and did not have the claimant's agreement as required by section 16(9)(a). The High Court substituted the amount of £650 plus VAT as the...

Source-derived case information.

Parties
Claimant: Meir Galandauer; Defendant: Snaresbrook Crown Court
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; Crown Court order quashed and substituted with quantified costs order
Legal Topics
Defendant's Costs Order, Assessment of Legal Costs, Discretion of Crown Court, Prosecution of Offences Act 1985
Criminal Law Judicial Review Defendant's Costs Order Assessment of Legal Costs Discretion of Crown Court Prosecution of Offences Act 1985

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Parties

Meir Galandauer

Claimant

Snaresbrook Crown Court

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Crown Court erred in quantifying the defendant's costs order at £150 plus VAT without proper reasoning or agreement
  2. 2 Whether the court failed to identify circumstances justifying a reduced costs order under section 16(7) of the Prosecution of Offences Act 1985
  3. 3 Whether the High Court should substitute its own assessment of costs under CPR 54.19(3)

Ratio Decidendi

The Crown Court's order quantifying costs at £150 plus VAT was quashed because it failed to identify circumstances justifying a reduced award under section 16(7) of the 1985 Act and did not have the claimant's agreement as required by section 16(9)(a). The High Court substituted the amount of £650 plus VAT as the only lawful and reasonable sum based on the evidence and submissions.

Court Disposition

Claim allowed; Crown Court order quashed and substituted with quantified costs order

Orders

  • The part of the Crown Court's order quantifying the defendant's costs at £150 is quashed.
  • A defendant's costs order is substituted in the sum of £650 plus VAT.