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Changing Climate for privately paying defendants to recoup their costs.

Any client who has faced a case before a criminal court will be aware of the delays caused to case progression by prosecutors and this delay can be financially burdensome for private paying clients.
However, in the new judgment of In R (on the application of Singh) v Ealing Magistrates Court [2014] EWHC 1443 (Admin) the Adminstrative Court has stated that costs can be awarded to a defendant where the Crown Prosecution Service (CPS)  have acted unjustly, such as causing unreasonabe delay.

In this case the defendant attended the Magistrates’ Court to enter a plea and the prosecution applied for an adjournment because they did not have their file at court to deal with the case.  The defendant’s solicitor applied for wasted costs against the CPS but the District Judge refused. Mr Singh appled.  The Adminstrative Court rejected the CPS assertions that they were over-stretched due to budget costs and therefore mistakes can happen.The Court made it clear that cases should be dealt with ‘justly’.

Should you have a case where you believed the prosecution have acted unjustly, please do not hesitate to contact us to discuss your potential claim.

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