R v Bhadresh Gohil

R v Bhadresh Gohil

The determining officer's reduction of hours for document review was not justified as the audit stage was not properly conducted; all documentation was relevant and required detailed review; the sampling approach must be explained and not conflated with Singh discount; the grade of fee earner was properly assessed...

Source-derived case information.

Parties
Prosecution: R; Defendant: Bhadresh Gohil; Appellant: Imran Khan & Partners
Jurisdiction
England and Wales
Judgment Date
24 November 2022
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal allowed in part
Legal Topics
Confiscation Proceedings, Legal Aid Remuneration, Costs Assessment, Fee Earner Grading
Criminal Law Legal Costs Confiscation Proceedings Legal Aid Remuneration Costs Assessment Fee Earner Grading

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Parties

R

Prosecution

Bhadresh Gohil

Defendant

Imran Khan & Partners

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the determining officer's reduction of claimed hours for document review was justified
  2. 2 Whether the sampling approach or Singh discount was properly applied
  3. 3 Appropriate grade of fee earner for work claimed

Ratio Decidendi

The determining officer's reduction of hours for document review was not justified as the audit stage was not properly conducted; all documentation was relevant and required detailed review; the sampling approach must be explained and not conflated with Singh discount; the grade of fee earner was properly assessed by the determining officer.

Court Disposition

appeal allowed in part

Orders

  • The claims of 1,648 hours and 305.5 hours for document review are allowed.
  • The appropriate additional payment is to be made to the applicant, including £2,000 for costs and £100 paid on appeal.