Adams, R (on the application of) v Special Investigations Unit

Adams, R (on the application of) v Special Investigations Unit

The claimant was not given a proper opportunity to argue against the making of a Recovery of Defence Costs Order under regulation 13, and the judge had discretion to adjourn the matter for further investigation. The order was made in a procedurally unfair manner and must be quashed.

Parties
Claimant: Terrance Adams; Defendant: Special Investigations Unit
Jurisdiction
England and Wales
Judgment Date
10 April 2008
Procedural Posture
Judicial Review / Judgment After Hearing and Decision to Quash Lower Court Order
Outcome
Order quashed and matter remitted to a different judge for reconsideration; costs of the application granted to the claimant, subject to taxation.
Legal Topics
Recovery of Defence Costs, Judicial Review Procedure, Practice Directions, Right to Be Heard
Criminal Law Administrative Law Costs Recovery of Defence Costs Judicial Review Procedure Practice Directions Right to Be Heard

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Parties

Terrance Adams

Claimant

Special Investigations Unit

Defendant

Procedural Posture

Judicial Review / Judgment After Hearing and Decision to Quash Lower Court Order

Legal Issues

  1. 1 Whether the claimant was denied a proper opportunity to argue against a Recovery of Defence Costs Order under regulation 13
  2. 2 Whether the judge had discretion to adjourn the making of the order for further investigation
  3. 3 Whether the order made was consistent with the regulations and Practice Direction

Ratio Decidendi

The claimant was not given a proper opportunity to argue against the making of a Recovery of Defence Costs Order under regulation 13, and the judge had discretion to adjourn the matter for further investigation. The order was made in a procedurally unfair manner and must be quashed.

Court Disposition

Order quashed and matter remitted to a different judge for reconsideration; costs of the application granted to the claimant, subject to taxation.

Orders

  • The Recovery of Defence Costs Order made by His Honour Judge Pontius is quashed.
  • The matter is remitted to the Blackfriars Crown Court for reconsideration by a different judge.