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
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Parties
Regina
Prosecution
Burbidge
Defendant
Jonas Roy Bloom Solicitors
Applicant Solicitors
Procedural Posture
Appeal From Redetermination (costs) / Appeal Hearing Before Costs Judge
Legal Issues
- 1 Whether the correct PPE count was used for the Litigator Fee claim
- 2 Whether the Legal Services Commission provided adequate reasons for partial allowance
- 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)
Full Case Text
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