Williams v Telefonica 02 UK Ltd

Facts

Ricardo Williams was a defendant in a criminal trial before Mr Justice Langstaff, the case having come from Liverpool Crown Court, in which the evidence included mobile telephone call data and cell site analysis. Williams maintained that he had made or received more calls than those shown in the records supplied, and his solicitors, Shah Solicitors, pressed the prosecution and in turn Telefonica O2 UK Limited for further information; a repeat retrieval exercise by O2 did recover further data, which was served in a witness statement from a Mr England. Shah Solicitors then corresponded extensively with DLA Piper, acting for O2, relaying requests from their instructed expert, Mr Ross Patel, and ultimately caused a witness summons to be issued against Miss Sheppard of O2. Although in form a summons to give evidence, its real object was to secure an inspection by Mr Patel of O2's data retrieval systems at its premises. O2 warned by letters of 28 November and 4 December 2008 that the application was pointless and that a wasted costs order would be sought. On 8 December the judge refused the application and discharged the summons. O2 then applied for its costs, either as the successful party or as wasted costs against Shah Solicitors, the application being adjourned to the end of the trial and determined on paper.