OpenLegislation

Section 19A Costs against legal representatives etc.F1P1

England and Wales

(1)

In any criminal proceedings—

(a)

the Court of Appeal;

(b)

the Crown Court; or

(c)

a magistrates’ court,

may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.

(2)

Regulations shall provide that a legal or other representative against whom action is taken by a magistrates’ court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal.

(3)

In this section—

  • “legal or other representative ”, in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings;

  • “regulations ” means regulations made by the Lord Chancellor; and

  • “wasted costs ” means any costs incurred by a party—

    1. (a)

      as a result of any improper, unreasonable, or negligent act or omission on the part of any representative or any employee of a representative; or

    2. (b)

      which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

Annotations

Textual amendments

F1

S. 19A inserted (1.5.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 111; S.I. 1991/985, art. 2(a)

Subordinate legislation made

P1

S. 19A: s. 20 (with s. 19A) power exercised (21.3.1991) by S.I. 1991/789.

Notes on the whole Act

Textual amendments

F1

Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

Notes on Part II

Textual amendments

F1

Words in Pt. 2 heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 78