Hi all,

 

We are currently conducting a matter in the Crown Court in which Counsel has instructed us to apply for a wasted costs order due to the CPS failing to provide complete disclosure, leading to four abortive pre-trial review hearings having so far taken place. 

 

I am happy for Counsel's clerk to deal with the AGFS side, but what is the situation for the litigator?  Can we claim for wasted costs, and still claim our normal Litigator fee?  Do we have to pay any CPS costs received to the LSC?

 

I am lost on this one, so any advice would be appreciated, and thanks in advance.

I wish you luck in trying to get anything from the CPS.  It would be easier to get blood from a stone.

 

The last time I came across this I notified the LSC of the award of costs against the CPS, the sum awarded and the fact that they had not come up with the readies (despite being written too).  The LSC assessed and paid our claim in full and that was the last I heard.  I suppose the LSC will decide whether or not to try and enforce the Costs Order.

 

Interesting that when the boot is on the other foot the CPS are almost knocking at the door requesting their money!!!

 

Good Luck!

 

BB

Wasted Costs Orders are just extra work when you have Legal Aid.

 

Some Counsel think they are doing you a favour applying for wasted costs but all they are doing is making extra work for no reward.

Many thanks for the replies all, that is very useful.  I shall wait and see what Counsel's clerk drafts as to the costs before I assess what will be the best way to progress this matter!