Brandon, R. v

Brandon, R. v

Special preparation fees should be allowed for 100 hours at the prescribed rate, as this is reasonable given the nature and volume of evidence, but no enhancement is payable because paragraph 24 does not apply to special preparation fees.

Parties
Claimant: Regina; Defendant: Brandon
Jurisdiction
England and Wales
Judgment Date
25 March 2011
Procedural Posture
Costs Appeal / Appeal From Redetermination
Outcome
Appeal allowed in part
Legal Topics
Special Preparation Fees, Enhancement of Costs, Interpretation of Criminal Defence Service (funding) Order 2007
Criminal Law Costs Special Preparation Fees Enhancement of Costs Interpretation of Criminal Defence Service (funding) Order 2007

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Parties

Regina

Claimant

Brandon

Defendant

Procedural Posture

Costs Appeal / Appeal From Redetermination

Legal Issues

  1. 1 Whether special preparation fees should be paid based on hours claimed or pages served
  2. 2 Whether enhancement under paragraph 24 of Schedule 2 to the 2007 Funding Order applies to special preparation fees

Ratio Decidendi

Special preparation fees should be allowed for 100 hours at the prescribed rate, as this is reasonable given the nature and volume of evidence, but no enhancement is payable because paragraph 24 does not apply to special preparation fees.

Court Disposition

Appeal allowed in part

Orders

  • Applicant to be paid for 100 hours of special preparation at £47.25 per hour plus VAT
  • Additional payment of £600 for costs (exclusive of VAT) and £100 paid on appeal to be added