Braddan wins indemnity costs

Former clerk must pay up

A bankrupt convicted fraudster who was the clerk of Braddan commissioners has been ordered to pay costs after what a court described as an “unreasonable” and "incomprehensible” appeal.

Charles “Buster” Lewin had sued the commissioners for wrongful dismissal but lost his case and the following appeal.

Mr Lewin, who served jail time for his part in an election fraud, was declared bankrupt in July after the court ordered him to pat the local authority’s costs.

Now, however, he’ll have to pay the full costs of the case on an indemnity basis for the time he wasn’t receiving legal aid.

Judge of Appeal Tattershall and Deemster Doyle said Mr Lewin hadn’t responded to or challenged the application for costs.

They said he’d been wholly unsuccessful in his appeal, saying indemnity costs – much more favourable to the commissioners – are awarded if a defence has been pursued in an “utterly unreasonable way”.

They said Mr Lewin had “a very significant history of non-compliance” with court orders and his appeal was devoid of any merit and doomed to fail.

In their judgement, they added Mr Lewin’s appeal was pursued in an unreasonable manner and awarded costs on the indemnity basis.