Secretary of State for Constitutional Affairs v Stork [2005] EWHC 1763 (QB) (03 August 2005)

Secretary of State for Constitutional Affairs v Stork [2005] EWHC 1763 (QB) (03 August 2005)

The correct interpretation of the Graduated Fees Scheme is that the daily 'length of trial uplift' is payable only for the days the barrister represented the individual assisted person, not for the entire duration of a multi-defendant trial. The statutory formula requires 'd' to be applied consistently for both refreshers and uplifts, and the scheme is defined by reference to proceedings against any one assisted person.

Citation
[2005] EWHC 1763 (QB)
Parties
Claimant: THE SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS; Defendant: BRIAN STORK
Jurisdiction
England and Wales
Judgment Date
03 August 2005
Procedural Posture
Appeal Under Part 8 of the Civil Procedure Rules / Judgment After Hearing
Outcome
Appeal allowed
Legal Topics
Graduated Fees Scheme, Remuneration of Barristers, Statutory Interpretation, Crown Court Advocacy Fees
Legal Aid Costs Graduated Fees Scheme Remuneration of Barristers Statutory Interpretation Crown Court Advocacy Fees

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Parties

THE SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS

Claimant

BRIAN STORK

Defendant

Procedural Posture

Appeal Under Part 8 of the Civil Procedure Rules / Judgment After Hearing

Legal Issues

  1. 1 Whether a barrister is entitled to the daily 'length of trial uplift' for the entire length of a multi-defendant trial or only for the days when representing his client in court under the Graduated Fees Scheme.

Ratio Decidendi

The correct interpretation of the Graduated Fees Scheme is that the daily 'length of trial uplift' is payable only for the days the barrister represented the individual assisted person, not for the entire duration of a multi-defendant trial. The statutory formula requires 'd' to be applied consistently for both refreshers and uplifts, and the scheme is defined by reference to proceedings against any one assisted person.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed in favour of the Claimant.