Holman Fenwick Willian LLP & Anor v Procurator Fiscal, Glasgow [2017] ScotHC HCJAC_39 (07 June 2017)

Holman Fenwick Willian LLP & Anor v Procurator Fiscal, Glasgow [2017] ScotHC HCJAC_39 (07 June 2017)

Although the Crown's actions were legally oppressive, they were not in bad faith and there was some basis for seeking recovery of part of the material; thus, a modified award of expenses is justified, not a general unmodified award.

Citation
[2017] ScotHC HCJAC_39
Parties
Complainer: Holman Fenwick Willan LLP; Complainer: Duff & Phelps Ltd; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
07 June 2017
Procedural Posture
Bill of Suspension / Application for Expenses Following Suspension of Warrant
Outcome
Award of expenses to complainers, modified to a fixed sum.
Legal Topics
Legal Privilege, Search Warrants, Expenses in Criminal Proceedings
Criminal Law Judicial Review Legal Privilege Search Warrants Expenses in Criminal Proceedings

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Parties

Holman Fenwick Willan LLP

Complainer

Duff & Phelps Ltd

Complainer

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Bill of Suspension / Application for Expenses Following Suspension of Warrant

Legal Issues

  1. 1 Whether the Crown's application for a search warrant was oppressive
  2. 2 Whether an award of expenses should be made and on what scale

Ratio Decidendi

Although the Crown's actions were legally oppressive, they were not in bad faith and there was some basis for seeking recovery of part of the material; thus, a modified award of expenses is justified, not a general unmodified award.

Court Disposition

Award of expenses to complainers, modified to a fixed sum.

Orders

  • Award of expenses to complainers fixed at £10,000.