(6)(b)

A judge presiding over a criminal trial had been entitled to make a wasted costs order against the defendant’s solicitors following their failure to serve a cross-application in objection to a hearsay notice served by the prosecution; the defendant had sought to manipulate the court’s process by not disclosing the nature of his defence, and by insisting on the appearance of the relevant prosecution witness without disclosing the defence case that was to be put to him, the defendant’s solicitors had made themselves complicit in such conduct.

[2012] EWCA Crim 319