Williams v Telefonica 02 UK Ltd

Shah Solicitors persisted in an application for a witness summons when a reasonably careful and responsible solicitor would not have done so, failing to properly instruct their expert and ignoring clear warnings, thus acting negligently and unreasonably and incurring wasted costs.

Parties: Prosecution: Regina; Defendant/respondent: Ricardo Williams; Third Party/applicant: Telefonica O2 UK Limited
Jurisdiction: England and Wales
Judgment Date: 18 December 2009
Procedural Posture: Criminal / Ruling on Application for Wasted Costs Order
Outcome: Application for wasted costs order succeeds.
Legal Topics: Wasted Costs, Witness Summons, Expert Evidence, Procedural Impropriety

Criminal Procedure Costs Wasted Costs Witness Summons Expert Evidence Procedural Impropriety

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Regina

Prosecution

Ricardo Williams

Defendant/respondent

Telefonica O2 UK Limited

Third Party/applicant

Procedural Posture

Criminal / Ruling on Application for Wasted Costs Order

Legal Issues

1 Whether Shah Solicitors acted negligently and unreasonably in persisting with the witness summons application
2 Whether O2 is entitled to a wasted costs order against Shah Solicitors

Ratio Decidendi

Court Disposition

Application for wasted costs order succeeds.

Orders

Costs to be paid by Shah Solicitors to O2 as wasted costs, subject to detailed assessment if not agreed.
Costs limited to those post-dating 17th November 2008.