Practice and Procedure

R (on the application of DESOUZA) v CROYDON MAGISTRATES' COURT (2012)

PUBLISHED May 4, 2012

[2012] EWHC 1362 (Admin)

A district judge had erred in awarding costs, under the Magistrates' Courts Act 1980 s.64, against an unsuccessful party following the dismissal of his complaint for statutory nuisance under Environmental Protection Act 1990 s.82 where the matter had come before the court by way of an information and not a complaint, pursuant to s.50 of the 1980 Act. However, that error of law did not justify the imposition of an adverse costs order against the district judge.

QBD (Admin) (Mitting J)