BASC’s Fighting Fund secures significant victory for member

[mealiejimmy]

Well done BASC !
Something has always puzzled me though, no fault of BASC , but why is it 'uncommon' for costs to be awarded to a successful appellant in these type of cases ?
“Cost Orders in favour of the Appellant are uncommon and indicate how strong the case was."

Surely if you win . you win. and costs should be paid for your outlay, I know this has always seemed to case where firearms licencing do not, but why is this so ?
Is it written into the firearms act.
Sorry, I know this isnt your department, but like I say , always puzzled me.

Officialdom doesn't like Joe Public taking it to court and winning so they create a deterrent by making it very difficult for Joe Public to reclaim his legal costs when he wins
Officialdoms behaviour has to be really bad before judges award Joe public his costs

Cheers

Bruce

 

[PeterHenry]

On the question of costs I have asked internally and this is the advice I got "Generally in law, costs lie where they fall and its is a rebuttable presumption that the loser pays the winner's costs. However, in administrative law there is case law which says that any public official exercising a function should not be penalised in costs if he loses. That is why Cost Orders are rarely made against Chief Officers in firearms licensing appeals. The judge has be satisfied that the Chief Officer has acted capriciously".

I think the caveat to that - which your article hints at - is that costs can be awarded in the instance of unreasonableness.

Anyway, my pedantry asside, hats off to BASC

 

[T.eddie]

Good effort indeed!

 

[sikamalc]

I see a great many individuals with varying issues when tackling their local constabulary with renewals or applications. It never ceases to amaze me how different police authorities attach their own guidelines to some peoples applications.
One of the common ones is asking for the name of the ground, when they are booked to come out with me. Insisting that they need it, even though its a licence renewal. One recent FEO put the phone down on me, after I explained that a booked stalk is sufficient to renew an FAC, and that it was a paid for stalk on one of my leases and that the name of the ground could not be put on the applicants certificate.

Its about time that the Police forces started to run the applications and renewals with common sense.

 

[Liveonce]

Its about time that the Police forces started to run the applications and renewals with common sense.

And all follow the home office guidance without deviation.

 

[Irish Bob]

Costs follow the event in civil cases. So the winner usually gets the majority of their costs paid by the losing party.

Good to see a licencing authority held to account.

 

[Heym SR20]

This is great news. And it develops case law and precedent.

I hate the fact that in the UK we are increasingly moving away from common sense and relying on the courts. But this is the reality.