If a person has instructed a firm to represent them on a private basis – if they are found Not Guilty, or if successful on appeal, we can make an application for a reimbursement of some of their legal fees. This is known as an application for a Defendants’ Costs Order (DCO).
The application is for costs directly incurred in the case, such as the cost of instructing a solicitor and/or a barrister to prepare the defence case and represent the defendant in court, but it will not include claims for loss of earnings.
Only an individual can apply for a defendant’s costs order. Companies and other organisations are not entitled to apply, except in the Supreme Court. A defendant’s cost order should normally be made unless there are positive reasons for not doing so, for example, where the defendant’s own conduct has brought suspicion on himself and has misled the prosecution into thinking that the case against him was stronger that it was.
Where a defendant faces multiple charges and is convicted of some but not others, the court can still award costs in relation to those matters that were not proved.
Where a defendant appeals and is successful in his/her appeal, a defendant’s costs order can also be made, applying the same principles in relation to defendants acquitted at trial.
However, there are limitation on the amount of the defence costs. The costs that can be recovered are capped at Legal Aid rates and are paid from Central Funds.
Lucinda Dore Solicitors have assisted many of our clients to successfully make an application for a Defendants Cost Order. We are experienced road traffic solicitors with more than 20 years of experience.
If you need legal advice or representation over the festive period, get in touch with us. You can contact us by email or send us a WhatsApp message. Don’t let a worry fester until the new year. We can help you even on Christmas Day!
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