Who pays costs for a delayed case?
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Police stopped one of my trucks and claimed that a crack in the windscreen on the nearside was likely to interfere with the driver's vision, even though it is a right-hand-drive truck.
The driver received a sununons and went to court to defend the charge. The case was adjourned to another date. When he went again he was told the policeman was on a course so the case was adjourned again. On the third appearance we paid for a solicitor to represent the driver but the prosecution decided to withdraw the case.
The court said the solicitor's costs would be paid out of public funds. Our request for costs to cover the lass of use of the truck on the three court days was turned down. We lost about £600 through the police action. is there nothing we can do about it ?
FIC Having asked for costs in 111-1 court to cover the loss and been refused them there is really nothing you can do to recover your loss of earnings due to the vehicle standing idle on three days while the driver wasted time at court.
A civil action can certainly be brought for damages in a case of malicious prosecution but it is essential to prove malice and not simply incompetence on the part of police or any other prosecuting agency.
On the information given you would not succeed with such an action.
All too frequently operators and drivers lose earnings and incur travel expenses to attend courts when charges are withdrawn or dismissed. Sometimes the defendants, feeling relieved that the prosecution case has collapsed, do not ask for their costs. '
But they ought to ask for them and make their claims in the strongest possible terms.