Burbidge, R. v [2010] EWHC 90168 (Costs) (17 February 2010)

Burbidge, R. v [2010] EWHC 90168 (Costs) (17 February 2010)

The LSC failed to provide adequate reasons for partially allowing the PPE claim and did not engage with the appellant's evidence or offer to provide documentation. The correct PPE count was 154, as supported by the evidence and agreement with the Court Clerk and prosecution. The appeal is allowed in full with costs.

Citation
[2010] EWHC 90168 (Costs)
Parties
Prosecution: Regina; Defendant: Burbidge; Applicant Solicitors: Jonas Roy Bloom Solicitors
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Appeal From Redetermination (costs) / Costs Appeal Under Criminal Defence Service (funding) Order 2001/2007
Outcome
Appeal allowed in full with costs.
Legal Topics
Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Legal Services Commission (lsc) Procedures, Judicial Review of Costs Decisions
Criminal Law Legal Costs Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Legal Services Commission (lsc) Procedures Judicial Review of Costs Decisions

Case Brief

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Parties

Regina

Prosecution

Burbidge

Defendant

Jonas Roy Bloom Solicitors

Applicant Solicitors

Procedural Posture

Appeal From Redetermination (costs) / Costs Appeal Under Criminal Defence Service (funding) Order 2001/2007

Legal Issues

  1. 1 Whether the Legal Services Commission (LSC) erred in refusing the full PPE claim by the appellant firm under the Graduated Fee Scheme
  2. 2 Whether the LSC provided adequate reasons for its partial allowance of the claim
  3. 3 Whether the correct PPE count was 154 as claimed by the appellant

Ratio Decidendi

The LSC failed to provide adequate reasons for partially allowing the PPE claim and did not engage with the appellant's evidence or offer to provide documentation. The correct PPE count was 154, as supported by the evidence and agreement with the Court Clerk and prosecution. The appeal is allowed in full with costs.

Court Disposition

Appeal allowed in full with costs.

Orders

  • LSC to pay the additional sum of £335.84 to the applicant.
  • LSC to pay £250 (exclusive of VAT) for costs to the applicant.