NO ORDER FOR COSTS FOLLOWING WITHDRAWN FORFEITURE APPLICATION

UK Police Blog on 28th January reported that the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its s.298 POCA 2002 application for cash forfeiture.  In considering the decision of the district judge, the High Court reaffirmed 3 points: firstly, the starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly; secondly, in determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and thirdly, it may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.  Detailing the background to the case and the decision, the post says that the judgment reaffirms the high threshold faced by successful parties challenging a section 298 forfeiture application.

http://ukpolicelawblog.com/index.php/9-blog/196-no-order-for-costs-following-withdrawn-forfeiture-application

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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