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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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HI, I was after some help, in January my husband got caught

Resolved Question:

HI, I was after some help, in January my husband got caught going over a white line and was stopped by a police officer, when the officer did his checks it transpired that my husbands licence had been revoked, we knew nothing about it the vehicle was seized and we went to court engaging a barrister to represent him. At the first hearing it was discovered that my husband had been awarded 6 points for an offence that no one knew anything about, this was investigated and the case reopened and subsequently my husband was found not guilty and awarded costs. My question relates to reclaiming the costs, in total we had to attend court three times and pay the barristers fees 3 times we had to pay to have our vehicle released and also to miss three days work and travel costs to court. What are we able to reclaim by way of costs?

Thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Did you win in court?
Customer: replied 2 years ago.


Yes we did and were awarded costs. The Barrister said he would deal with it but has only applied for £900 from the local tax office (not sure on terminology) where in fact we had paid him more that that let alone anything else


 


thanks


 


Amanda

Expert:  Jo C. replied 2 years ago.
I see what happened here. The original matter was reopened rather than incorrect.

Did anybody tell you that you could reclaim? I'm not sure I see on what basis? I realise that you are unhappy about having to pay but nobody has acted unlawfully.

At the time of the seizure, the licence was revoked. Whether or not you subsequently reopened the matter is a different point. The officer was entitled to act upon the position at the time. It would be an unlawful seizure if there had been no revocation at the DVLA.

Similarly, I presume the DVLA did not act in error since you had to reopen it in court so they are not liable either.

In terms of your court costs for attending on this occasion, they are covered by the application that the barrister made for costs from central funds. I realise that they do not cover your actual costs but thats a point for the Government rather than for the Courts. Its long since been their policy that you can only reclaim up to legal aid rates. You don't get costs for your lost earnings at the criminal courts but you do normally get travel costs. However that is covered by the appliction that was made.

In terms of paying for the release of the vehicle, you do not have a claim over that. The officers acted lawfully. What you could do though is write to the Constabulary and ask them to use their discretionary grounds to make payment. They sometimes will make an offer. If they do not then you can always complain to the IPCC. However, unless you can prove that the seizure had no basis because your husband was not revoked there is no point in a claim at court.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks, ***** ***** have paid the barrister for 3 attendances in court are they not all subject to be reclaimed our total outlay £1475 plus VAT?


 


Thanks


 


Amanda


 


 

Expert:  Jo C. replied 2 years ago.
Not unless he claimed it as costs from central funds.

Normally you don't get a figure with a costs order from central funds. You just get an order from the court that costs be paid and its submitted for consideration administratively.
Customer: replied 2 years ago.


Hi,


 


Its been claimed from the Central taxation office in Manchester?


 


Amanda

Expert:  Jo C. replied 2 years ago.
Yes, that is costs from central funds. Its subject to taxation.

You used to get your private paying rates back but the government scrapped that a few years ago and strangely enough nobody has challenged them. I suppose the reason is that a challenge of that kind is expensive.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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