Ahmed, R. v [2024] EWHC 1700 (SCCO) (01 July 2024)
The appellant failed to demonstrate that a trial had begun in a meaningful sense because no jury was selected or sworn, and no substantial case management by the court or at its direction occurred; mere negotiations between parties do not suffice.
- Citation
- [2024] EWHC 1700 (SCCO)
- Parties
- Prosecution: Rex; Defendant: Ahmed
- Jurisdiction
- England and Wales
- Judgment Date
- 01 July 2024
- Procedural Posture
- Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Judgment on Appeal From Costs Assessment
- Outcome
- Appeal dismissed
- Legal Topics
- Graduated Fee Scheme, Cracked Trial Definition, Commencement of Trial, Case Management, Legal Aid Remuneration
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Ahmed
Defendant
Procedural Posture
Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Judgment on Appeal From Costs Assessment
Legal Issues
- 1 Whether the trial had begun in a 'meaningful sense' for the purposes of the Graduated Fee Scheme under the Criminal Legal Aid (Remuneration) Regulations 2013
- 2 Whether the appellant is entitled to a trial fee or only a cracked trial fee
Ratio Decidendi
The appellant failed to demonstrate that a trial had begun in a meaningful sense because no jury was selected or sworn, and no substantial case management by the court or at its direction occurred; mere negotiations between parties do not suffice.
Court Disposition
Appeal dismissed
Orders
- Extension of time for appeal granted
- Appellant to be paid only the cracked trial fee, not the trial fee
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