Matthews & Ors, R (No 2)

Matthews & Ors, R (No 2)

The additional words 'or served prosecution documents' in paragraph 1(2) of Schedule 4 were added to cover Section 51 transfers and were not intended to include pages served solely for confiscation proceedings. The scheme does not provide for separate remuneration for such pages, and the Department's interpretation is correct. The appeals are dismissed.

Parties
Applicant Counsel: Mr N Haggan QC; Applicant Counsel: Mr William Forster; Respondent Determining Officer: Stephanie Weston
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Costs Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Graduated Fee Scheme, Remuneration of Counsel, Confiscation Proceedings, Interpretation of Regulations
Criminal Law Legal Aid Costs Graduated Fee Scheme Remuneration of Counsel Confiscation Proceedings Interpretation of Regulations

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Parties

Mr N Haggan QC

Applicant Counsel

Mr William Forster

Applicant Counsel

Stephanie Weston

Respondent Determining Officer

Procedural Posture

Costs Appeal / Appeal Decision

Legal Issues

  1. 1 Whether additional pages of prosecution evidence served for confiscation proceedings should be included in the page count for counsel's remuneration under the Criminal Defence Service (Funding) Order 2001.

Ratio Decidendi

The additional words 'or served prosecution documents' in paragraph 1(2) of Schedule 4 were added to cover Section 51 transfers and were not intended to include pages served solely for confiscation proceedings. The scheme does not provide for separate remuneration for such pages, and the Department's interpretation is correct. The appeals are dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeals by counsel dismissed
  • No additional remuneration for pages served solely for confiscation proceedings