R v Llanidloes Licensing Justices ex parte Davies
| Jurisdiction | England & Wales |
| Date | 1957 |
| Court | Queen's Bench Division |
Costs - Justices - Crown practice - Liability of justices for costs - Mandamus - Unsuccessful appearance by counsel for justices before Divisional Court - Power to file affidavits in lieu of appearance -
APPLICATION for mandamus.
The Divisional Court, having granted an application for an order of mandamus to issue to the licensing justices for the division of Llanidloes, Montgomeryshire, the successful applicant applied for the costs of the motion. Counsel for the justices, who had unsuccessfully opposed the motion for mandamus, submitted that costs should not be awarded against the justices on the ground that it was usual for justices to appear by counsel when such application were made, and if they were unsuccessful, costs were not normally awarded against them unless the justices had acted oppressively or capriciously.
Richard Elwes Q.C. and Sidney Lamb for the applicant.
E. P. Wallis-Jones for the justices.
LORD GODDARD C.J. If the justices appear in the Divisional Court they make themselves parties to the lis. They take the risk of being ordered to pay costs, and they are entitled to receive costs if they succeed in defeating the application. I have been trying to remind justices all over the country, not only in court, but in addresses I have given to them, of their rights under the Review of Justices' Decisions Act, 1872. That Act was passed for the very purpose of allowing justices, against whom certiorari or mandamus was moved, to put in affidavits (on which they do not have to pay any stamp duty) giving their reasons, so that the court could decide the case on the affidavits; but if justices insist on instructing counsel to come before the court and argue the case, they are making themselves parties to a lis and will have to pay costs. At one time this court very rarely ordered costs, and I think the reason was that the Act of 1872...
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