British Transport Police v Soods Solicitors

British Transport Police v Soods Solicitors

No wasted costs order can be made unless there is a finding of fault; the District Judge made no such finding against Soods Solicitors, and causation does not arise without fault.

Parties
Claimant: Chief Constable of British Transport Police; Defendant: Soods Solicitors
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Wasted Costs Orders, Solicitor Negligence, Money Laundering Regulations, Forfeiture Proceedings
Criminal Law Civil Procedure Wasted Costs Orders Solicitor Negligence Money Laundering Regulations Forfeiture Proceedings

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Parties

Chief Constable of British Transport Police

Claimant

Soods Solicitors

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Judge applied the correct test for causation in a wasted costs application
  2. 2 Whether Soods Solicitors were at fault for failing to discover SFK Holdings Limited did not exist
  3. 3 Whether wasted costs should be ordered against Soods Solicitors

Ratio Decidendi

No wasted costs order can be made unless there is a finding of fault; the District Judge made no such finding against Soods Solicitors, and causation does not arise without fault.

Court Disposition

appeal dismissed

Orders

  • Costs of the appeal to Soods Solicitors to be assessed if not agreed