R (on the application of Singh) v Ealling Magistrates Court

Criminal law – Cost. The judge refused the claimant costs of an abortive hearing, under s 19 of the Prosecution of Offences Act 1985, as he could not identify 'the party whose fault it was'. The claimant sought judicial review, but the parties invited the court to treat the matter as an appeal by way of case stated. The Divisional Court held that the judge had erred in law. Proceedings as on an appeal by way of case stated, it held that there had been a clear mistake without satisfactory explanation, which had caused the hearing to be abortive and ordered the prosecution to pay the claimant's costs.

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