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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
Full Case Text
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