Burbidge, R. v [2010] EW Misc 5 (SCCO) (17 February 2010)

Burbidge, R. v [2010] EW Misc 5 (SCCO) (17 February 2010)

The correct PPE count was 154, as supported by evidence and agreement with the Court Clerk; the LSC's failure to provide adequate reasons and refusal to review offered documents rendered its partial allowance unreasonable.

Citation
[2010] EW Misc 5 (SCCO)
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) / Appeal Hearing Before Costs Judge
Outcome
appeal allowed in full with costs
Legal Topics
Litigator Fee Scheme, Pages of Prosecution Evidence (ppe), Legal Services Commission Funding, Costs Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

Burbidge

Defendant

Jonas Roy Bloom Solicitors

Applicant Solicitors

Procedural Posture

Appeal From Redetermination (costs) / Appeal Hearing Before Costs Judge

  1. 1 Whether the correct PPE count was used for the Litigator Fee claim
  2. 2 Whether the Legal Services Commission provided adequate reasons for partial allowance
  3. 3 Whether the appellant was entitled to costs for the appeal

Ratio Decidendi

The correct PPE count was 154, as supported by evidence and agreement with the Court Clerk; the LSC's failure to provide adequate reasons and refusal to review offered documents rendered its partial allowance unreasonable.

Court Disposition

appeal allowed in full with costs

Orders

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