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 'length of trial uplift' is payable only for the number of days the trial against the individual assisted person lasted, not for the entire duration of the trial involving co-defendants. The statutory definitions and formulae require a consistent approach, and the scheme is a stand-alone system distinct from the historic regime.

Citation
[2005] EWHC 1763
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, Legal Aid Funding
Administrative Law Legal Aid Costs Graduated Fees Scheme Remuneration of Barristers Statutory Interpretation Legal Aid Funding

Case Brief

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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 duration of a multi-defendant trial or only for the days attended on behalf of an acquitted client under the Graduated Fees Scheme.

Ratio Decidendi

The correct interpretation of the Graduated Fees Scheme is that the 'length of trial uplift' is payable only for the number of days the trial against the individual assisted person lasted, not for the entire duration of the trial involving co-defendants. The statutory definitions and formulae require a consistent approach, and the scheme is a stand-alone system distinct from the historic regime.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the barrister is entitled to the 'length of trial uplift' only for the days the trial against his client lasted.