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24 May 2018 / Alec Samuels
Issue: 7794 / Categories: Features , Costs
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Unsatisfactory & unfair?

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Defendants’ costs orders: the principles, by Alec Samuels

The defendant was acquitted. He was ineligible for legal aid. His costs were considerable. He applies for a defendant’s costs order (DCO) from central funds (not the Crown Prosecution Service or the police). The matter lies within the discretion of the judge. We live in an age of austerity. If costs are awarded they are capped at legal aid rates. Factors the judge may take into account include the importance of the charge, whether the defendant brought suspicion on himself, whether he misled the prosecution into thinking that the case against him was stronger than it really was, or whether he withheld relevant information. Would an order be appropriate, reasonable and just? The Prosecution of Offences Act 1985, as amended, ss 16 and 16A, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), s 62 and sch 7. R (Henderson) v Secretary of State for Justice [2015] EWHC 130 (Admin), [2015] 1 Cr App

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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