Her Majesty's Advocate v. Voudouri & Anor [2005] ScotHC HCJ_03 (10 November 2005)

Her Majesty's Advocate v. Voudouri & Anor [2005] ScotHC HCJ_03 (10 November 2005)

The Crown's failure to state fundamental objections in their answers and to lodge the required note of argument in time, combined with the lodging of the wrong document and lack of internal checks, caused Trustunion LLC to incur unnecessary and substantial expense preparing for a proof that should not have been assigned. These exceptional circumstances justified an immediate compensatory award of expenses against the Crown under Schedule 6, paragraph 36 of the Scotland Act 1998.

Citation
[2005] ScotHC HCJ_03
Parties
Petitioner: Her Majesty's Advocate; Respondent: Michael George Voudouri; Minuter: Trustunion LLC
Jurisdiction
Scotland
Judgment Date
10 November 2005
Procedural Posture
Criminal / Interlocutory Decision on Expenses Following Discharge of Proof in Devolution Proceedings
Outcome
Crown found liable to Trustunion LLC in expenses of the discharged diet of proof.
Legal Topics
Devolution Issues, Expenses, Legal Professional Privilege, Proceeds of Crime, Human Rights
Criminal Law Constitutional Law Devolution Issues Expenses Legal Professional Privilege Proceeds of Crime Human Rights

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Parties

Her Majesty's Advocate

Petitioner

Michael George Voudouri

Respondent

Trustunion LLC

Minuter

Procedural Posture

Criminal / Interlocutory Decision on Expenses Following Discharge of Proof in Devolution Proceedings

Legal Issues

  1. 1 Whether the Crown should be found liable in expenses to Trustunion LLC for the discharged diet of proof in devolution proceedings
  2. 2 Whether the Crown's conduct in failing to lodge required documents and raising new objections at a late stage justified an award of expenses against it

Ratio Decidendi

The Crown's failure to state fundamental objections in their answers and to lodge the required note of argument in time, combined with the lodging of the wrong document and lack of internal checks, caused Trustunion LLC to incur unnecessary and substantial expense preparing for a proof that should not have been assigned. These exceptional circumstances justified an immediate compensatory award of expenses against the Crown under Schedule 6, paragraph 36 of the Scotland Act 1998.

Court Disposition

Crown found liable to Trustunion LLC in expenses of the discharged diet of proof.

Orders

  • Crown liable to Trustunion LLC for expenses of the discharged diet of proof set down for 27 and 28 October 2005, account of expenses to be taxed by the Auditor.
  • Crown allowed 14 days to adjust answers to the minute; minuters allowed 14 days thereafter to adjust their minute.