R v Lee

R v Lee

The trial began on 15 April 2024 when the prosecution opened the case, so the transfer of legal aid to the appellant occurred during trial. Under Schedule 2, only a 50% trial fee is payable to a new litigator on a during trial transfer.

Parties
Appellant: Garrick Law; Defendant: Christian Lee; Respondent: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
12 September 2024
Procedural Posture
Costs Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Litigators' Graduated Fee Scheme, Transfer of Legal Aid, Trial Fee Calculation
Criminal Law Legal Aid Costs Litigators' Graduated Fee Scheme Transfer of Legal Aid Trial Fee Calculation

Case Brief

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Parties

Garrick Law

Appellant

Christian Lee

Defendant

Legal Aid Agency

Respondent

Procedural Posture

Costs Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a full trial fee or a 50% trial fee under Schedule 2 of the Criminal Legal Aid (Remuneration) Regulations 2013 after transfer of legal aid

Ratio Decidendi

The trial began on 15 April 2024 when the prosecution opened the case, so the transfer of legal aid to the appellant occurred during trial. Under Schedule 2, only a 50% trial fee is payable to a new litigator on a during trial transfer.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.