Barnes, R. v [2023] EWHC 2686 (SCCO) (12 October 2023)

Barnes, R. v [2023] EWHC 2686 (SCCO) (12 October 2023)

Following severance, there were two indictments against the Defendant, each constituting a separate 'case' under the Criminal Legal Aid (Remuneration) Regulations 2013, entitling the Appellant to claim two fees.

Source-derived case information.

Citation
[2023] EWHC 2686 (SCCO)
Parties
Prosecution: R; Defendant: Dillon Barnes
Jurisdiction
England and Wales
Judgment Date
12 October 2023
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed
Legal Topics
Advocates' Graduated Fee Scheme, Indictment Severance, Definition of 'case' Under Legal Aid Regulations
Criminal Law Legal Aid Costs Advocates' Graduated Fee Scheme Indictment Severance Definition of 'case' Under Legal Aid Regulations

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Parties

R

Prosecution

Dillon Barnes

Defendant

Procedural Posture

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

  1. 1 Whether severance of indictments resulted in two 'cases' for the purposes of the Advocates' Graduated Fee Scheme under the Criminal Legal Aid (Remuneration) Regulations 2013.

Ratio Decidendi

Following severance, there were two indictments against the Defendant, each constituting a separate 'case' under the Criminal Legal Aid (Remuneration) Regulations 2013, entitling the Appellant to claim two fees.

Court Disposition

Appeal allowed

Orders

  • The appropriate additional payment is to be made to the Applicant.
  • An additional sum of £400 (exclusive of VAT) for costs and the £100 paid on appeal is to be paid to the Applicant.