In a Judgment issued on 15 June 2010, the High Court has ruled that an attempt by the Government to introduce a scheme designed to limit costs recovered by acquitted defendants is unlawful.
The scheme, roundly criticised for being unjust and unconstitutional, was intended to make savings of around £20m per year by ensuring that the costs that an acquitted defendant can claim back were limited to legal aid rates. This would have left many of our clients having to pay a substantial proportion of their legal costs even where they have been found not guilty.
However, in a Judgment following a challenge by the Law Society of the new regulations which can be found here http://www.bailii.org/ew/cases/EWHC/Admin/2010/1406.html, Lord Justice Elias has ruled that the Lord Chancellor did not have the power to introduce a scheme that sought to ensure that somebody falsely accused of a crime can be required pay from his own pocket to establish his innocence.
To see the BBC news article on the case, click on the link below
http://news.bbc.co.uk/1/hi/uk/10318753.stm