QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE GAGE
|THE QUEEN ON THE APPLICATION OF HALE|
|NORTH SEFTON JUSTICES|
Smith Bernal Reporting Limited,
180 Fleet Street, London EC4A 2HG
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THE DEFENDANT DID NOT APPEAR AND WAS NOT REPRESENTED
Crown Copyright ©
"...reasonably sufficient to compensate [the claimant] for any expenses properly incurred by him in the proceedings."
"(1) The appropriate authority shall consider the claim, any further particulars, information or documents submitted by the applicant under regulation 6 and shall allow such costs in respect of-
(a) such work as appears to it to have been actually and reasonably done; and
(b) such disbursements as appears to it to have been actually and reasonably incurred,
as it considers reasonably sufficient to compensate the applicant for any expenses properly incurred by him in the proceedings.
(2) In determining costs under paragraph (1) the appropriate authority shall take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.
(3) When determining costs for the purpose of this regulation, there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the appropriate authority may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the applicant."
"...of such amount as [it] considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings."
"...take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved."
"...a lawyer of less experience than a senior solicitor would have been 'reasonably sufficient' to conduct the case?"
"...he attended my office, having already been interviewed by the Police in relation to the matter, who had then granted him bail to return to the Police Station once they made further enquiries. It is submitted that he was entitled to receive advice in relation to the possible outcome when surrendering to his bail."
MR JUSTICE GAGE: I agree, and I agree with the orders proposed by my Lord. I should just point out that, as I understand it, the rate agreed between Mr Learmonth and his client was £145 an hour, but for the reasons which my Lord has set out, in my judgment an error of law is established in the rate set by the clerk.
For the reasons Auld LJ has set out, I agree that the rate should be set at £140 per hour.
MR DAVIES: One final matter, my Lords, I would ask for the claimant's costs from central funds?
LORD JUSTICE AULD: We are quashing the order and making an order of mandamus. You are asking this court to make the order for payment, are you?
MR DAVIES: I was asking for it in relation to the claimant's costs of being represented today.
LORD JUSTICE AULD: I am sorry, costs. I misheard you, I am so sorry. You are seeking costs out of central funds?
MR DAVIES: For today, my Lord.
LORD JUSTICE AULD: Yes, you are entitled to that, no doubt at the rate indicated by the court. We are most grateful to you for your assistance.
MR DAVIES: Thank you.