Dilenardo, R. v [2023] EWHC 1693 (SCCO) (13 June 2023)

Dilenardo, R. v [2023] EWHC 1693 (SCCO) (13 June 2023)

The appeal succeeded in part: the reasonable recoverable hours for reviewing documents from JMW Solicitors was increased to 625 hours with 100% enhancement; Angela Terenzini was to be remunerated as a Grade B fee earner from 1 November 2019; enhancement was only allowed on non-routine items of preparation; and the...

Source-derived case information.

Citation
[2023] EWHC 1693 (SCCO)
Parties
Prosecution: R; Defendant: Dilenardo
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal From Determining Officer Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed in part
Legal Topics
Legal Aid Remuneration, Confiscation Proceedings, Assessment of Costs, Fee Earner Grading, Enhancement of Fees
Criminal Law Costs Legal Aid Remuneration Confiscation Proceedings Assessment of Costs Fee Earner Grading Enhancement of Fees

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Parties

R

Prosecution

Dilenardo

Defendant

Procedural Posture

Costs Appeal (criminal Legal Aid) / Appeal From Determining Officer Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether the time claimed for reviewing documents by the appellant was reasonable and recoverable under the 2013 Regulations
  2. 2 Whether Angela Terenzini should be classified as a Grade B or Grade C fee earner for the relevant period
  3. 3 Whether enhancement should be allowed on all items of preparation or only on non-routine work

Ratio Decidendi

The appeal succeeded in part: the reasonable recoverable hours for reviewing documents from JMW Solicitors was increased to 625 hours with 100% enhancement; Angela Terenzini was to be remunerated as a Grade B fee earner from 1 November 2019; enhancement was only allowed on non-routine items of preparation; and the reduction in waiting time for telephone calls was upheld.

Court Disposition

Appeal allowed in part

Orders

  • Appellant to be paid for 625 hours of document review at 100% enhancement
  • Angela Terenzini to be remunerated as Grade B from 1 November 2019