Rigelsford, R

Rigelsford, R

Only photographs actually copied and served as evidence in the committal bundle or under notice of additional evidence count towards the page count for Graduated Fee calculation; viewing representative samples does not entitle counsel to fees for all exhibits.

Parties
Prosecution: Regina; Defendant: Adrian Rigelsford
Jurisdiction
England and Wales
Judgment Date
04 July 2005
Procedural Posture
Criminal Appeal / Appeal From Determination of Costs
Outcome
appeal dismissed
Legal Topics
Costs Determination, Graduated Fee Scheme, Prosecution Evidence, Special Preparation Allowance
Criminal Law Legal Aid Costs Determination Graduated Fee Scheme Prosecution Evidence Special Preparation Allowance

Case Brief

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Parties

Regina

Prosecution

Adrian Rigelsford

Defendant

Procedural Posture

Criminal Appeal / Appeal From Determination of Costs

Legal Issues

  1. 1 Whether recovered but unserved photographic exhibits constitute 'pages of prosecution evidence' for Graduated Fee calculation
  2. 2 Whether counsel is entitled to fees for viewing representative samples rather than all exhibits

Ratio Decidendi

Only photographs actually copied and served as evidence in the committal bundle or under notice of additional evidence count towards the page count for Graduated Fee calculation; viewing representative samples does not entitle counsel to fees for all exhibits.

Court Disposition

appeal dismissed

Orders

  • Determining Officer's reduction of fees upheld
  • No allowance for unserved photographic exhibits in fee calculation