On 8 April 2025, Sir Anthony Mann handed down Judgment in LAA v Turk [2025] EWHC 841 (Ch), in which he allowed the Legal Aid Agency’s Application for a Recovery of Defence Costs Order (‘RDCO’) against Mr Turk. This Order compels Mr Turk to repay his publicly funded costs incurred in Defending himself in Contempt of Court Proceedings (in which he was ultimately successful in overturning a sentence of immediate imprisonment at the Court of Appeal).
It was accepted by both parties and the court that this was the first time the LAA had sought such an Order in High Court Contempt Proceedings and therefore the first time such an Order had been made.
On 17 July 205, Mr Turk was granted permission by Zaccaroli LJ to appeal against that decision. His sole ground of appeal is that “The Judge erred in finding that “criminal proceedings before any court other than the magistrates’ court or the Crown Court” in Regulation 2 of the Recovery Regulations included Civil Contempt Proceedings and therefore erred in concluding that Recovery Regulations applied to these proceedings at all and that he had the power to make an RDCO”.
The Judge, in determining the Application for permission on the papers, has confirmed that:
- The appeal raises an arguable point of law with a real prospect of success;
- There is a compelling reason for an appeal given the wider importance of the decision, the fact that the issue had not been considered previously and it appears that no RDCO had previously been sought in the context of civil contempt proceedings.
This is a matter that practitioners in this field, and Defendants facing Contempt Proceedings will want to keep an eye on, given the effect the outcome may have on a Defendant’s liability to repay the costs of their representation.
In dealing with this novel Application for an RDCO, Mr Turk has been represented by Marc Livingston of Janes Solicitors, instructing James Counsell KC of Outer Temple Chambers at the High Court, Charlotte Elves of Outer Temple Chambers at the High Court and Court of Appeal and Roger Mallalieu KC of 4 New Square at the Court of Appeal.
For more information regarding representation for Contempt of Court, do not hesitate to contact our experienced team.