EBR Attridge LLP v The Lord Chancellor

EBR Attridge LLP v The Lord Chancellor

The offences, though serious, do not match the gravity or factual similarity of Class C offences such as Breach of Prison. The Determining Officer's classification of the offences as Class H is appropriate, as Class H is a 'catch all' for miscellaneous offences not specifically listed, and the facts do not justify...

Source-derived case information.

Parties
Appellant: EBR ATTRIDGE LLP; Respondent: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Costs Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Offence Classification, Legal Aid Remuneration, Graduated Fee Scheme, Prison Offences
Criminal Law Legal Aid Costs Offence Classification Legal Aid Remuneration Graduated Fee Scheme Prison Offences

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Parties

EBR ATTRIDGE LLP

Appellant

The Lord Chancellor

Respondent

Procedural Posture

Costs Appeal / Judgment on Appeal

  1. 1 What is the correct classification of the offences for the purposes of legal aid remuneration under the Graduated Fee Scheme?
  2. 2 Should the offences be reclassified from Class H to Class C for fee purposes?

Ratio Decidendi

The offences, though serious, do not match the gravity or factual similarity of Class C offences such as Breach of Prison. The Determining Officer's classification of the offences as Class H is appropriate, as Class H is a 'catch all' for miscellaneous offences not specifically listed, and the facts do not justify reclassification to Class C.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs of the appeal