TNAG-2654-FCO40-3847-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 162

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MR. NICHOLLS: My Lord, it remains for me to make an application. My application is on behalf of the Hong Kong Government for costs. May I also indicate that, having listened carefully to your Lordships' judgment, I would seek an order for costs on an indemnity basis. I appreciate that your Lordships have heard the application for judicial review and have granted leave so that he should not be barred from taking this matter further. But having regard to the substance, as I understand it, of your Lordships' judgment, the allegations have not been borne out. It seems in those circumstances that the costs should be on that basis, and particularly having regard to what your Lordship had to say in the judgment on the application for the sixth habeas corpus.

LORD JUSTICE WOOLF: Thank you, Mr. Nicholls.

MR. NICHOLLS: My Lord, I have a further matter to mention, but

perhaps your Lordship should hear Mr. Thomas on this matter first.

LORD JUSTICE WOOLF: Shall we hear counsel for the Governor?

MISS LLOYD-JACOB (for Miss Montgomery):

My Lord, I also make an

application for costs on behalf of the Governor of Brixton Prison against Mr. Osman on the usual basis and, on behalf on the Foreign and Commonwealth Office, on an indemnity basis on the grounds that they did not proceed by the proper route in joining the Foreign and Commonwealth Office as a party. Had they done so we would have obtained our costs in any event and, as my Lord has indicated, you view the discovery proceedings as being in the nature of a fishing expedition.

LORD JUSTICE WOOLF:

Thank you Miss Lloyd-Jacob.

MR. THOMAS: My Lord, I do not resist the order for costs in the

ordinary way. I do resist the applications for indemnity costs.

LORD JUSTICE WOOLF: We do not need to trouble you with regard to

the indemnity basis, Mr. Thomas.

MR. THOMAS: I am obliged. Mr. Nicholls said he had other

matters to raise. I certainly have.

MR. NICHOLLS: The other matters I have to raise fall with the

failure of the application for costs on an indemnity basis.

MR. THOMAS: Your Lordship has in your judgment referred to an

interesting and difficult area as to discovery and the duty of disclosure in extradition cases and we would wish to have time to consider the matter to bring an application for leave for a point to be certified by judicial review.

LORD JUSTICE WOOLF: I think you should deal with the application for leave now, Mr. Thomas. I think that would be appropriate to be dealt with now.

MR. THOMAS: If I may say so, with respect, your Lordship has

dealt with the matter at some pace and we have not really had an opportunity to allow the matters to sink in.

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