R v Thomas

R v Thomas

Substantial matters of case management, including submissions on jury suitability and the existence of an application to sever the indictment, occurred prior to the defendant’s guilty plea; therefore, the trial had commenced in a meaningful sense and the solicitors are entitled to a recalculation of the graduated fee.

Parties
Prosecution: R; Defendant: Thomas; Appellant: Hussain Solicitors
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Criminal Appeal (costs) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed
Legal Topics
Litigator's Graduated Fee, Cracked Trial Definition, Substantial Case Management, Commencement of Trial
Criminal Law Legal Costs Litigator's Graduated Fee Cracked Trial Definition Substantial Case Management Commencement of Trial

Case Brief

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Parties

R

Prosecution

Thomas

Defendant

Hussain Solicitors

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial had commenced in a meaningful sense for the purposes of calculating the litigator’s graduated fee under the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether substantial matters of case management occurred prior to the defendant’s guilty plea

Ratio Decidendi

Substantial matters of case management, including submissions on jury suitability and the existence of an application to sever the indictment, occurred prior to the defendant’s guilty plea; therefore, the trial had commenced in a meaningful sense and the solicitors are entitled to a recalculation of the graduated fee.

Court Disposition

Appeal allowed

Orders

  • Recalculation of the graduated fee in favour of the solicitors
  • Payment of £1,500 (exclusive of VAT) for costs to the applicant