R. v SVS Solicitors [2012] EWCA Crim 319 (15 February 2012)

R. v SVS Solicitors [2012] EWCA Crim 319 (15 February 2012)

The appellant firm's deliberate failure to comply with CPR 34.3(2) by not serving a cross-application or withdrawing when unable to comply, constituted improper, unreasonable, and negligent conduct. This breach caused the wasted costs of bringing the witness from Australia. The wasted costs order was justified and...

Source-derived case information.

Citation
[2012] EWCA Crim 319
Parties
Appellant: SVS Solicitors; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
15 February 2012
Procedural Posture
Criminal Appeal / Appeal Against Wasted Costs Order
Outcome
Appeal dismissed
Legal Topics
Wasted Costs Orders, Professional Conduct, Criminal Procedure Rules, Hearsay Evidence, Solicitor Duties
Criminal Law Legal Profession Wasted Costs Orders Professional Conduct Criminal Procedure Rules Hearsay Evidence Solicitor Duties

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Summary, issues, holding and outcome

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Parties

SVS Solicitors

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Order

Legal Issues

  1. 1 Whether the appellant firm's conduct justified a wasted costs order under section 19A of the Prosecution of Offences Act 1985
  2. 2 Whether the breach of Criminal Procedure Rule 34.3(2) was improper, unreasonable, or negligent
  3. 3 Whether the breach caused the wasted costs incurred by the CPS

Ratio Decidendi

The appellant firm's deliberate failure to comply with CPR 34.3(2) by not serving a cross-application or withdrawing when unable to comply, constituted improper, unreasonable, and negligent conduct. This breach caused the wasted costs of bringing the witness from Australia. The wasted costs order was justified and should not be set aside.

Court Disposition

Appeal dismissed

Orders

  • Wasted costs order against SVS Solicitors affirmed; required to pay £3,042.50