Regina v Barnes

Regina v Barnes

The court held that the events on 6 October 2021 did not amount to the trial having begun in a meaningful sense. The only matter before the court was the prosecution's application to adjourn, which was not substantial case management. No jury was sworn, the case was not opened, and no evidence was called. Therefore, the determining officer correctly categorised the fee as a cracked trial fee.

Parties
Prosecution: Regina; Defendant: Christopher Barnes
Jurisdiction
England and Wales
Judgment Date
31 May 2022
Procedural Posture
Criminal Costs Appeal / Appeal From Determining Officer's Fee Categorisation
Outcome
appeal dismissed
Legal Topics
Litigators Graduated Fee Scheme, Cracked Trial Definition, Case Management, Trial Commencement
Criminal Law Legal Costs Litigators Graduated Fee Scheme Cracked Trial Definition Case Management Trial Commencement

Case Brief

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Parties

Regina

Prosecution

Christopher Barnes

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal From Determining Officer's Fee Categorisation

Legal Issues

  1. 1 Whether the proceedings amounted to a trial in a meaningful sense for the purposes of the Litigators Graduated Fee Scheme
  2. 2 Whether the determining officer correctly categorised the fee as a cracked trial fee

Ratio Decidendi

The court held that the events on 6 October 2021 did not amount to the trial having begun in a meaningful sense. The only matter before the court was the prosecution's application to adjourn, which was not substantial case management. No jury was sworn, the case was not opened, and no evidence was called. Therefore, the determining officer correctly categorised the fee as a cracked trial fee.

Court Disposition

appeal dismissed

Orders

  • The appeal by Cunninghams Solicitors is dismissed.
  • The determining officer's categorisation of the fee as a cracked trial fee is upheld.