S v W

The case involved a defendant who appeared in the court without legal representation and later engaged solicitors before the trial. The defendant sought to have her legal costs incurred prior to trial covered by the opposing party. The court was tasked with determining whether the defendant was entitled to recover these costs.

The court considered the general principle that costs follow the event, meaning that the losing party generally pays the costs of the winning party. However, there are exceptions to this rule, particularly when it comes to costs incurred prior to trial. The court had to decide whether the defendant's decision to initially represent herself and then engage solicitors before the trial justified her claim for costs incurred during the period she was unrepresented.

In determining the outcome, the court noted that the defendant had initially chosen to represent herself, which is a valid decision under the law. However, the court also acknowledged that the defendant later engaged solicitors, which indicated a change in her legal strategy. The court found that the defendant should not be penalised for her initial decision to represent herself but also should not be entitled to recover costs for the period she was unrepresented. The court concluded that the defendant was only entitled to recover costs from the point at which she engaged solicitors.

The court ordered that the defendant was entitled to recover her legal costs from the date she engaged solicitors, but not for the period she was unrepresented. This decision balanced the principles of fairness and the general rule regarding costs following the event.