Attorney-General for England and Wales v R CA185/05

The Court of Appeal of New Zealand heard an appeal by the Attorney-General for England and Wales against the judgment of the High Court, which had ordered the respondent, R (also known as Mr Coburn), to pay the proceeds from his book, "Soldier Five", less his legal expenses, to the ministry. The appeal focused on whether the High Court was correct to allow deductions for Mr Coburn's legal costs. The Court of Appeal found that the High Court erred in law by permitting deductions for Mr Coburn's legal expenses. The Court of Appeal set aside the relevant part of the High Court's judgment and confirmed the remainder. The Court of Appeal held that the legal fees incurred by Mr Coburn in opposing the ministry's claim were not a justifiable deduction from the sum payable to the ministry. The Court of Appeal also noted that the legal fees incurred before the grant of legal aid could not be deducted. The Court of Appeal concluded that the account of profits should yield the same net result for the ministry as it would have received had Mr Coburn complied with the Court of Appeal's earlier order for an assignment of rights. The Court of Appeal further noted that all parts of the High Court's judgment remained extant, and whether the ministry wished to enforce the order for an assignment of rights would be a matter for it. The Court of Appeal also certified for second counsel and made an order suppressing the name of the respondent in any report or summary of this judgment or the reasons therefor.