Read the full judgment text of FACC 2/2011 on BabelCite. This Court of Final Appeal judgment was delivered on 6 July 2012 before Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Stock NPJ, Sir Anthony Mason NPJ.
Costs – criminal appeal – successful appellant – costs of trial and appeals – whether costs should be denied on ground of self-suspicion – no – whether costs should be reduced for issues lost – no – certificate for counsel – certificate for three counsel refused – appellant, a solicitor, convicted of conspiracy to commit maintenance – conviction quashed by Court of Final Appeal – appellant sought costs of entire proceedings – respondent argued costs should be minimised – appellant had not brought suspicion upon herself – prosecution relied on erroneous inferences – appellant succeeded on substantial and grave injustice ground – legal uncertainty point certified but not successful – desuetude point not orally argued – bulk of hearing on successful ground – no justification for three counsel – appellant awarded costs here and below
Legal issues: Whether costs of trial should be denied on ground of self-suspicion · Whether costs should be reduced for issues lost · Whether certificate for three counsel should be granted
Outcome: Appellant awarded costs of the proceedings here and below, subject to taxation. Certificate for three counsel refused.
Cited by 4 cases · Cites 2 cases