Darroch and another v Football Association Premier League Ltd

Costs – Order for costs. Following the High Court's quashing of the appellants' convictions, the Court of Appeal, Civil Division, dismissed the appellants' appeal against the refusal of their third party costs order, brought under s 51 of the Senior Courts Act 1981, on the basis that the order made on the application for costs had been a 'criminal cause or matter' for the purposes of s 18(1) of the Act. Accordingly, the Court of Appeal had no jurisdiction to entertain the appeal and it fell to be dismissed. Further, the court held, obiter, that s 51 of the Act did not empower the High Court, on an appeal by way of case stated, or a claim for judicial review that sought to quash convictions, to make a civil costs order in respect of costs incurred in the underlying criminal proceedings in the Crown Court or Magistrates' Court, thus, criticising the authority of Murphy v Media Protection Services Ltd (No 2) ([2012] All ER (D) 70 (Mar)).

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