The Law Society is concerned about the potential effect of a
recent court decision to uphold a wasted costs order against a
defence solicitor. It raises difficult questions for solicitors
about where the balance lies between their duty to their client and
to the court. We will seek to intervene if permission to appeal is
granted.
The judgment
The Court of Appeal's judgment in R v SVS Solicitors
upheld the lower court's decision to impose a wasted costs order on
a defence solicitor. The court ruled that the defence solicitors
had failed to make a proper notice of opposition to hearsay
evidence in breach of the Criminal Procedure Rules, and failed to
disclose a defence statement. This caused the prosecution to incur
costs by flying in from Australia a witness to appear at trial.
Our concerns
The judgment raises concerns over where the balance lies between
a solicitor's duty to their client and duty to the court,
especially under the Criminal Procedure Rules.
The Society has acted immediately in response to the judgment
and its members' concerns by taking leading counsel's advice.
The Society understands that SVS Solicitors has applied for
permission to appeal. If granted, the Society will seek to
intervene as a third party to put our concerns before the court. A
decision on permission is likely to be some months away.
We will shortly update our practice note on the Criminal
Procedure Rules to advise on the implications of the case.