Source: All England Reporter
Publisher Citation: [2002] All ER (D) 255 (Jun)
Court: Divisional Court
Judge:

Rose LJ and Gibbs J

Representation E David Ellis of Ellis & Co for the appellant.
  The respondent did not appear and was not represented.
Judgment Dates: 28 June 2002

Catchwords

Criminal law - Costs - Award out of central funds - Defendant acquitted - Defendant taxi driver charged with using insulting language and plying for hire elsewhere than at rank - Charge of insulting language dismissed - Court ruling no case to answer for plying hire offence - Whether defendant should receive costs out of central funding.

The Case

An appeal against a refusal to award costs in a criminal action was allowed on the grounds that the appellant's behaviour, while not blameless, had not contributed to the charge that was actually made against him and there was no other positive reason why he should not receive his costs.

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