R v Nelson

R v Nelson

Preparation for the application for leave to appeal is covered by the Representation Order and must be remunerated under the Criminal Legal Aid (Remuneration) Regulations 2013; prescribed fees do not represent reasonable remuneration in this exceptional case, and appropriate fees must reflect the complexity and responsibility borne by counsel.

Parties
Prosecution: R; Defendant: Keith Nelson
Jurisdiction
England and Wales
Judgment Date
15 November 2022
Procedural Posture
Criminal Appeal / Appeal on Costs Determination
Outcome
Appeal allowed in part
Legal Topics
Remuneration of Counsel, Interpretation of Court Orders, Mental Health Act Sentencing, Exceptional Fee Determination
Criminal Law Legal Aid Costs Remuneration of Counsel Interpretation of Court Orders Mental Health Act Sentencing Exceptional Fee Determination

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Parties

R

Prosecution

Keith Nelson

Defendant

Procedural Posture

Criminal Appeal / Appeal on Costs Determination

Legal Issues

  1. 1 Whether preparation for the application for leave to appeal is covered by the Representation Order for purposes of remuneration under the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 What constitutes reasonable remuneration for counsel in exceptional circumstances under Schedule 3 of the 2013 Regulations

Ratio Decidendi

Preparation for the application for leave to appeal is covered by the Representation Order and must be remunerated under the Criminal Legal Aid (Remuneration) Regulations 2013; prescribed fees do not represent reasonable remuneration in this exceptional case, and appropriate fees must reflect the complexity and responsibility borne by counsel.

Court Disposition

Appeal allowed in part

Orders

  • Appellant to be paid £3,250 for the hearing of 16 January 2020, including all preparation.
  • Appellant to be paid £6,000 for the appeal hearing.