Walker, R. v [2010] EWCA Crim 63 (13 January 2010)

Walker, R. v [2010] EWCA Crim 63 (13 January 2010)

The wasted costs order was set aside because the solicitor's omission resulted from a genuine misunderstanding due to ambiguous court directions, and the appellant was not given a fair opportunity to respond before the order was made.

Citation
[2010] EWCA Crim 63
Parties
Prosecution: Regina; Appellant/solicitor: Adam Walker
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Criminal Appeal / Appeal Against Wasted Costs Order
Outcome
appeal allowed
Legal Topics
Wasted Costs, Solicitor Conduct, Procedural Fairness
Criminal Law Costs Wasted Costs Solicitor Conduct Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Adam Walker

Appellant/solicitor

Procedural Posture

Criminal Appeal / Appeal Against Wasted Costs Order

Legal Issues

  1. 1 Whether the wasted costs order against the appellant solicitor was justified in the circumstances
  2. 2 Whether the appellant was given sufficient opportunity to make representations before the order was made

Ratio Decidendi

The wasted costs order was set aside because the solicitor's omission resulted from a genuine misunderstanding due to ambiguous court directions, and the appellant was not given a fair opportunity to respond before the order was made.

Court Disposition

appeal allowed

Orders

  • wasted costs order set aside