R v Metab Islam

R v Metab Islam

The case involved a highly unusual factual issue due to the number and span of allegations and the extensive, phased disclosure, justifying a finding that the work done was substantially in excess of the norm and merited a special preparation fee under Regulation 17(1)(a).

Parties
Prosecution: R; Defendant: Metab Islam; Appellant/counsel: Stella Hayden
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Criminal Appeal (costs) / Appeal Against Determining Officer's Decision on Special Preparation Claim
Outcome
Appeal allowed
Legal Topics
Special Preparation Fees, Disclosure, Bad Character Applications, Legal Aid Remuneration
Criminal Law Legal Aid Costs Special Preparation Fees Disclosure Bad Character Applications Legal Aid Remuneration

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Parties

R

Prosecution

Metab Islam

Defendant

Stella Hayden

Appellant/counsel

Procedural Posture

Criminal Appeal (costs) / Appeal Against Determining Officer's Decision on Special Preparation Claim

Legal Issues

  1. 1 Whether the work done by counsel was substantially in excess of the amount normally done for cases of the same type under Regulation 17(1)(a) of the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether the case involved a very unusual or novel point of law or factual issue justifying special preparation fees

Ratio Decidendi

The case involved a highly unusual factual issue due to the number and span of allegations and the extensive, phased disclosure, justifying a finding that the work done was substantially in excess of the norm and merited a special preparation fee under Regulation 17(1)(a).

Court Disposition

Appeal allowed

Orders

  • Determining officer directed to make an additional payment to counsel for 30 hours of special preparation.
  • Counsel awarded £410 for costs (exclusive of VAT) and the £100 paid on appeal.