Rigelsford, R [2005] EWHC 90021 (Costs) (04 July 2005)

Rigelsford, R [2005] EWHC 90021 (Costs) (04 July 2005)

Photographs not copied and served as part of the committal bundle, but merely available for inspection, do not qualify as pages of evidence for the purposes of the Graduated Fee Scheme. The Determining Officer was correct to exclude them from the page count and disallow the associated fees.

Citation
[2005] EWHC 90021 (Costs)
Parties
Prosecution: Regina; Defendant: Adrian Rigelsford
Jurisdiction
England and Wales
Judgment Date
04 July 2005
Procedural Posture
Costs Appeal / Appeal From Determination Under the Legal Aid in Criminal and Care Proceedings (costs) Regulations
Outcome
Appeal dismissed
Legal Topics
Graduated Fee Scheme, Pages of Evidence, Legal Aid Costs Assessment, Pictorial Exhibits

Case Brief

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Parties

Regina

Prosecution

Adrian Rigelsford

Defendant

Procedural Posture

Costs Appeal / Appeal From Determination Under the Legal Aid in Criminal and Care Proceedings (costs) Regulations

  1. 1 Whether the Determining Officer was correct to disallow £65,183.38 in respect of fees claimed for consideration of pictorial exhibits as part of the Graduated Fee Calculation.

Ratio Decidendi

Photographs not copied and served as part of the committal bundle, but merely available for inspection, do not qualify as pages of evidence for the purposes of the Graduated Fee Scheme. The Determining Officer was correct to exclude them from the page count and disallow the associated fees.

Court Disposition

Appeal dismissed

Orders

  • The Determining Officer's decision to disallow £65,183.38 in fees is upheld.