07 December 2012
Where a court hearing is aborted because of court staff error...
Where a court hearing is aborted because of court staff error, what order for costs should be made inter-parties in relation to that hearing?
There should generally be no order as to costs. It is for the parties to decide whether they wish to pursue a compensation claim against HM Courts and Tribunal Service: judges have no jurisdiction to enter into this arena. In fact, compensation is not automatically paid where the listing was in accordance with judicial direction.
