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England and Wales decisions
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The appellant failed to demonstrate that the trial had begun in a meaningful sense, as only ordinary case management and administrative matters occurred before the prosecution offered no evidence. No substantial judicial rulings or exceptional case management were undertaken. Therefore, only a cracked trial fee is payable.
Source excerpt
Costs appeal dismissed: the court held the defendant’s case never began as a trial in a meaningful sense, so only the cracked trial fee was payable.
Costs appeal on LGFS offence classification for a section 4A stalking case was dismissed; the court held the offence remained a Class H matter.
The court ordered the costs of a failed Early Neutral Evaluation to be costs in the case, refusing indemnity costs and declining to shift costs of the costs application.
Appeal against a non-party costs order dismissed. The High Court held Mr Halabi was entitled to be treated as the real party to the litigation and that personal benefit could be non-financial.
The District Judge was entitled to make a costs order as the application to transfer to Part 7 at Stage 3 was not provided for in the Protocol or fixed costs regime, and such costs are at large and recoverable in the usual way. The DDJ did not make a costs order under CPR 44.11 for unreasonable conduct, but was correct to make a standard costs order. The Defendant's appeal is dismissed.
Source excerpt
The Upper Tribunal refused Mr Wardle’s application for a protective costs order in HMRC’s appeal, finding no real public interest and no basis for an appeal costs order.
Appeal allowed on a criminal legal aid special preparation claim concerning electronic telephone download spreadsheets and PPE over the 10,000-page cap.
Defendants other than Celotex are not liable for costs of the Defence and Counterclaim that was struck out, as participation in related hearings and pleadings was a matter of choice and not necessity. Celotex is to bear costs of today's hearing relating to case management and timetabling, but not costs for unsuccessful applications by other defendants.
Source excerpt
The High Court upheld an award of £794.40 for interpreter services, holding that no breakdown of the invoice was required and the fee was reasonably assessed.
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