Irwin Mitchell fights off police action for 250,000 costs

Top northern firm Irwin Mitchell has successfully warded off a wasted costs application and avoided a huge legal bill following the collapse of a 1 million malicious prosecution case.The Leeds Combined Court dismissed the case against the firm and its silk and awarded them indemnity costs, which could amount to thousands given the array of QCs hired and the legal work done since February.The action related to the prosecution of solicitor Julian Audsley for fraud in 1990.

He was formally acquitted in January 1993 when the case was abandoned by the CPS and counsel, and in 1995 commenced civil proceedings.The solicitor, now thought to be practising as a sole practitioner in Welwyn, sued for false imprisonment and arrest, and malicious prosecution, but the case collapsed earlier this year.Yorkshire police applied to the Leeds High Court for 250,000 costs against Mr Audsley's law firm, Irwin Mitchell, and counsel Hugh Tomlinson of the new Matrix Chambers.Irwin Mitchell partner John Davis said: 'Our actions have been vindicated by this.

The decision affirms our position that the action we took was entirely proper and appropriate and the fact that the judge awarded indemnity costs is a measure of the hopelessness of the application.'Irwin Mitchell and its insurers instructed Manchester solicitors James Chapman & Co and Nicholas Davidson QC of 4 New Square.

Partner Edward Coulson of Hammond Suddards and James Munby QC of 1 New Square were brought in to advise Mr Tomlinson and his insurers.

They are now working out costs, which will be paid out of the public purse.North Yorkshire police's 11-strong in-house department, headed by Richard Daley, with solicitor Nicholas Wirz and senior solicitors Stephanie Waite and John Jepson, advised the chief constable.

Ronald Thwaites QC led for the police.Mr Wirz said before the decision: 'It has cost the chief constable an awful lot of money.' But he was not available for further comment as the Gazette went to press.

A North Yorkshire police spokesman said before the application was dismissed this week: 'The guy went far too far with a complaint and we are trying to get our money back.'Anne Mizzi