QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF|
|HUCKLEBRIDGE ENGINEERING LTD||Claimant|
|- and -|
|CHICHESTER CROWN COURT||Defendant|
|- and -|
|THE CHIEF CONSTABLE OF SUSSEX POLICE||Interested Party|
trading as DTI
8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
The Defendant and the Interested Party did not attend and were not represented
Crown Copyright ©
i. "This is an unusual state of affairs, because we have not yet concluded the appeal. But what we say is that this is tantamount effectively to an application for wasted costs up until and including today, based upon the very clear failure by Mr Perkins - and again, this is not aimed at Mr Quinn and he knows that full well - that up until the beginning of the appeal there was ample time for Mr Perkins to provide some documents in paginated form.
iii. As a result, we would say, of the failure to pursue the appeal in a form that would have assisted the court - and that is the important issue - costs have been significantly wasted and incurred by the respondent up until and including today. Mr Perkins should bear the costs of those as of today. What happens finally at a rehearing is another issue.
iv. So we invite this court to take a view today at the way that we have got to this stage, the way it could easily have been shortened had the appellant pursued his appeal in the way that he is - I do not say normal, but most appeals result in bundles being provided, which then assist the court, not just the parties involved.
v. So where there has been a complete failure to pursue or prosecute his own appeal in a way which avoided significant extra time, and now a discontinuance and rehearing, we say that it would be appropriate for the court to consider at this stage making an order for costs, a full order for costs, in the sum that we now seek. It is, of course, entirely a matter for the court. There are numerous ways the court could consider it: reserving the matter until the end of the final appeal would be one way of doing it.
vii. It is an unusual situation to be in, but we do have the duty to protect the public purse. We say at this stage that [an order that] the costs that have been incurred should be made against Mr Perkins come what may."