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Mansfield man fails in bid to get legal costs compensation



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Published Date: 16 April 2008
A MANSFIELD engineering boss has failed to persuade a High Court judge to award him compensation after claiming he 'wasted' his own time defending himself.
David Crowch, of Chatsworth Drive, was hauled before Nottingham magistrates on 24th October 2006 to face trial following accusations that he had broken the 30mph speed limit in November 2005.

Lawyers for the Crown Prosecution Service (CPS) had already attempted to move the October trial date back as a witness could not attend –– but they had been refused permission.

Despite the refusal, the CPS cancelled the appearance of their witnesses on the trial day and applied again for the case to be adjourned –– without giving Mr Crowch any warning, he told the court.

The CPS's application was refused and the case against Mr Crowch was thrown out, as the prosecution could present no evidence against him.

But after the case was thrown out, Mr Crowch applied to the magistrates for £1,600 legal costs –– for the time he spent representing himself.

He argued that he charges a daily professional rate of £400 and, were he a legal professional, he would have been granted that amount from state funds for his two 'aborted' trips to court as well as his preparation time.

However, the magistrates refused his application in April 2007, saying that the law did not cover applicants in person for their wasted time.

On Tuesday, at London's High Court, Mr Crowch argued he should be paid just as a legal professional would be and asked Mr Justice Davis: "What's so special about them?"

The judge sympathised with Mr Crowch and agreed that the CPS's conduct of the case could be described as lamentable.

But he concluded that the law dictates that litigants in person in his position cannot be compensated for the time they have spent defending themselves.

Refusing the appeal, the judge told the court: "The difficulty is that you are working against an Act of Parliament and it is my duty as a judge to apply the Acts of Parliament."

Mr Crowch has vowed to fight on and take his case to the House of Lords if necessary.












The full article contains 366 words and appears in n/a newspaper.
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  • Last Updated: 16 April 2008 4:34 PM
  • Source: n/a
  • Location: Mansfield
 
 

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