Thomas Boyd Whyte Solicitors v Haskell Solicitors, Re

Thomas Boyd Whyte Solicitors v Haskell Solicitors, Re

The wasted costs order against Thomas Boyd Whyte Solicitors was quashed due to procedural unfairness, as they were not given notice or opportunity to make representations. The wasted costs order against Haskell Solicitors was upheld because the judge gave proper notice and opportunity to respond, satisfying the requirements of fairness.

Parties
Appellant: Thomas Boyd Whyte Solicitors; Appellant: Haskell Solicitors
Jurisdiction
England and Wales
Judgment Date
22 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Wasted Costs Orders
Outcome
Appeal by Thomas Boyd Whyte Solicitors allowed; wasted costs order quashed. Appeal by Haskell Solicitors dismissed; wasted costs order upheld.
Legal Topics
Wasted Costs Orders, Procedural Fairness, Solicitor Negligence
Criminal Law Costs Wasted Costs Orders Procedural Fairness Solicitor Negligence

Case Brief

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Parties

Thomas Boyd Whyte Solicitors

Appellant

Haskell Solicitors

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Orders

Legal Issues

  1. 1 Whether the procedure adopted in making wasted costs orders was fair
  2. 2 Whether the solicitors had a proper opportunity to respond before the orders were made

Ratio Decidendi

The wasted costs order against Thomas Boyd Whyte Solicitors was quashed due to procedural unfairness, as they were not given notice or opportunity to make representations. The wasted costs order against Haskell Solicitors was upheld because the judge gave proper notice and opportunity to respond, satisfying the requirements of fairness.

Court Disposition

Appeal by Thomas Boyd Whyte Solicitors allowed; wasted costs order quashed. Appeal by Haskell Solicitors dismissed; wasted costs order upheld.

Orders

  • Wasted costs order against Thomas Boyd Whyte Solicitors quashed
  • Wasted costs order against Haskell Solicitors for £93 upheld