Enforce a wasted costs order

[valgem]

Hi everyone,

 

Can anyone help me with my problem please.

 

On Feb 14th 2014, the Crown Court ordered the CPS to pay me nearly £2000 in wasted costs but they will not pay me. Anyone know how I can enforce the order?

 

Thanks

Valgem

[steampowered]

Have they given any reason why they won't pay you?

[valgem]

Hi steampowered, thanks for the reply. On the day they did not have a representative at court as they couldn't find anyone at short notice and they feel that the judge should have adjourned the hearing. The judge wouldn't adjourn and went ahead. The CPS have said that they don't feel they should have to pay it because of this. Neither myself or the court have had any written contact from them.

[steampowered]

What does your order say - is it a final order making a summary assessment? I don't see why it is relevant that they disagree with the judge's decision. Are they appealing it?

 

We are going to need a bit more context here if you want to get a sensible answer.

[valgem]

"Upon Application by the Appellant for a wasted costs order pursuant to Rule 76.8 of the Criminal Procedure Rules 2013 against the Crown Prosecution Service And Upon the Court having been guided to and complied with the relevant law and procedure rules IT IS ORDERED THAT THE CROWN PROSECUTION SERVICE DO PAY TO THE APPELLANT The Sum of £1920.70 FORTHWITH.

 

I spoke to the court today and they have had no notice of an appeal.

 

Sorry I'm new to this so don't know how much to write.

Edited March 27, 2014 by valgem

[steampowered]

No worries. That all sounds in order. Against a normal party I would simply say threaten to enforce using bailiffs then follow through if payment is not made. I am a little surprised here though as surely the CPS must be used to this kind of thing and must understand the court system. I would ask them one more time in writing to make payment and if no adequate response is received I guess pass up to bailiffs.

[valgem]

OK thanks

[Ganymede]

No worries. That all sounds in order. Against a normal party I would simply say threaten to enforce using bailiffs then follow through if payment is not made. I am a little surprised here though as surely the CPS must be used to this kind of thing and must understand the court system. I would ask them one more time in writing to make payment and if no adequate response is received I guess pass up to bailiffs.

 

 

Can you instruct bailiffs against the Crown?