Virgin Media Ltd, R (On the Application Of) v Zinga

Virgin Media Ltd, R (On the Application Of) v Zinga

Only costs reasonably incurred for instructing counsel, attendances on parties, and formalities are recoverable; solicitors' attendance and preparation of legal argument for appeal were not reasonable. Counsel's fees must reflect reasonable preparation and attendance, not hourly rates. Costs to be determined by...

Source-derived case information.

Parties
Applicant: Virgin Media Ltd; Respondent: Munaf Ahmed Zinga; Intervener: BPI (British Recorded Music Industry) Limited and the Federation Against Copyright Theft Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2014
Procedural Posture
Criminal Appeal / Costs Determination Post Appeal
Outcome
Costs application partially allowed; only reasonable costs recoverable.
Legal Topics
Private Prosecution, Costs Recovery, Confiscation Proceedings, Intellectual Property Infringement
Criminal Law Intellectual Property Costs Private Prosecution Costs Recovery Confiscation Proceedings Intellectual Property Infringement

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Parties

Virgin Media Ltd

Applicant

Munaf Ahmed Zinga

Respondent

BPI (British Recorded Music Industry) Limited and the Federation Against Copyright Theft Limited

Intervener

Procedural Posture

Criminal Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether costs claimed by private prosecutor are reasonable and recoverable from central funds
  2. 2 Appropriate rates and reasonableness of employing specialist solicitors and counsel
  3. 3 Application of s.17 Prosecution of Offences Act 1985 to private prosecutors

Ratio Decidendi

Only costs reasonably incurred for instructing counsel, attendances on parties, and formalities are recoverable; solicitors' attendance and preparation of legal argument for appeal were not reasonable. Counsel's fees must reflect reasonable preparation and attendance, not hourly rates. Costs to be determined by Registrar at guideline rates.

Court Disposition

Costs application partially allowed; only reasonable costs recoverable.

Orders

  • Registrar of Criminal Appeals to determine reasonable costs for solicitors at £320/hour for partner, £125/hour for trainee.
  • Counsel's brief fee for first hearing set at £4,000, second hearing at £6,500; additional hours at £220/hour.