K & Ors, R v

K & Ors, R v

Appellants failed in their appeal and no exceptional public interest reason exists; therefore, Recovery of Defence Costs Orders may be made against them, subject to assessment of their means and actual fees paid.

Parties
Respondent: The Queen; Appellant: K; Appellant: G; Appellant: M
Jurisdiction
England and Wales
Judgment Date
28 January 2005
Procedural Posture
Criminal Appeal / Post Judgment Costs Determination
Outcome
Recovery of Defence Costs Orders reserved pending assessment of means and fees; referral to Legal Services Commission for G; contributions to be made from equity in residences where appropriate.
Legal Topics
Representation Orders, Recovery of Defence Costs, Means Assessment
Criminal Law Costs Representation Orders Recovery of Defence Costs Means Assessment

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Parties

The Queen

Respondent

K

Appellant

G

Appellant

M

Appellant

Procedural Posture

Criminal Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether Recovery of Defence Costs Orders should be made against appellants after failed appeal
  2. 2 Scope of Representation Orders in criminal appeals
  3. 3 Procedural requirements for lodging means forms

Ratio Decidendi

Appellants failed in their appeal and no exceptional public interest reason exists; therefore, Recovery of Defence Costs Orders may be made against them, subject to assessment of their means and actual fees paid.

Court Disposition

Recovery of Defence Costs Orders reserved pending assessment of means and fees; referral to Legal Services Commission for G; contributions to be made from equity in residences where appropriate.

Orders

  • Fee notes to be assessed by Registrar.
  • Receipted fee notes to be provided for renewed applications.