Greenwood, R. v [2010] EWHC 90171 (Costs) (05 January 2010)

Greenwood, R. v [2010] EWHC 90171 (Costs) (05 January 2010)

The correct calculation for the original litigator's graduated fee is based on the number of pages of prosecution evidence served at the point of transfer, as per the Funding Order and accompanying guidance. The appeal fails as the claim must be based on the PPE at transfer, not at the end of the case.

Citation
[2010] EWHC 90171 (Costs)
Parties
Claimant: Regina; Defendant: Greenwood; Applicant Solicitors: David Charnley & Co
Jurisdiction
England and Wales
Judgment Date
05 January 2010
Procedural Posture
Costs Appeal / Appeal From Legal Services Commission Assessment
Outcome
Appeal dismissed
Legal Topics
Litigator Graduated Fee Scheme, Transfer of Representation, Calculation of PPE (pages of Prosecution Evidence), Public Funding of Defence Costs
Criminal Law Legal Aid Costs Litigator Graduated Fee Scheme Transfer of Representation Calculation of PPE (pages of Prosecution Evidence) Public Funding of Defence Costs

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Parties

Regina

Claimant

Greenwood

Defendant

David Charnley & Co

Applicant Solicitors

Procedural Posture

Costs Appeal / Appeal From Legal Services Commission Assessment

Legal Issues

  1. 1 Whether the original firm is entitled to a graduated fee based on the final page count of PPE at the conclusion of the case or only the pages served at the point of transfer
  2. 2 Interpretation of 'total fee' under the Criminal Defence Service (Funding) Order 2007

Ratio Decidendi

The correct calculation for the original litigator's graduated fee is based on the number of pages of prosecution evidence served at the point of transfer, as per the Funding Order and accompanying guidance. The appeal fails as the claim must be based on the PPE at transfer, not at the end of the case.

Court Disposition

Appeal dismissed

Orders

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