Source: All England Reporter
Publisher Citation: [2012] All ER (D) 140 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Pitchford LJ, Lloyd Jones J and the Recorder of Birmingham (judgment delivered extempore)

Representation Milena Bennett (instructed by Henry's Solicitors Ltd) appeared in person.
Judgment Dates: 22 June 2012

Catchwords

Criminal Law - Costs - Wasted costs - Order that wasted costs be disallowed or paid by legal representative - Advocate being due to appear in Derby and Manchester Minshull Street Crown Courts on same day in relation to sentencing of two different clients - Advocate not being able to reach Derby Crown Court and judge adjourning sentencing - Judge making wasted costs order against firm which instructed advocate - Firm appealing against order - Whether order properly made - The Costs in Criminal Cases (General) Regulations 1986, .

The Case

Criminal Law Costs. The Court of Appeal, Criminal Division, in dismissing the solicitors' firm's appeal against a wasted costs order, held, inter alia, that the order had been properly made. No advocate should accept instructions in two cases on the same day in distant Crown Courts when there was a real risk of a hold up at the first which might result in a wasted costs order being incurred at the second.

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