R v Hajer

R v Hajer

The appellant failed to prove, on a balance of probabilities, that the value of the fraudulent activity exceeded £100,000; the evidence provided was insufficient and the burden of proof was not discharged.

Parties
Appellant: Asghar & Co Solicitors; Defendant: Alan Hajer; Respondent: The Crown (R)
Jurisdiction
England and Wales
Judgment Date
12 December 2022
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal dismissed
Legal Topics
Litigators Graduated Fee Scheme, Classification of Offence, Value Threshold for Fraud, Criminal Legal Aid (remuneration) Regulations 2013
Criminal Law Legal Costs Litigators Graduated Fee Scheme Classification of Offence Value Threshold for Fraud Criminal Legal Aid (remuneration) Regulations 2013

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Parties

Asghar & Co Solicitors

Appellant

Alan Hajer

Defendant

The Crown (R)

Respondent

Procedural Posture

Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether the value of the fraudulent activity exceeded £100,000 for purposes of offence classification under the Litigators Graduated Fee Scheme
  2. 2 Whether the appellant proved the value of the fraud to the satisfaction of the determining officer

Ratio Decidendi

The appellant failed to prove, on a balance of probabilities, that the value of the fraudulent activity exceeded £100,000; the evidence provided was insufficient and the burden of proof was not discharged.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.