R v David Wilson

R v David Wilson

The appeal is allowed because the complexity, importance, and volume of work justified the hours claimed and a higher hourly rate; the appellant's prior involvement reduced but did not eliminate the need for extensive preparation, and the unique factors of the case warranted £175 per hour for 28.5 hours.

Parties
Prosecutor: R; Defendant: David Wilson; Appellant: Michael Clare; Respondent: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
11 October 2022
Procedural Posture
Criminal Costs Appeal / Appeal Against Redetermination
Outcome
appeal allowed
Legal Topics
Sentencing, Legal Aid Remuneration, Advocate Fees, Appeal Procedure
Criminal Law Legal Costs Sentencing Legal Aid Remuneration Advocate Fees Appeal Procedure

Case Brief

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Parties

R

Prosecutor

David Wilson

Defendant

Michael Clare

Appellant

The Lord Chancellor

Respondent

Procedural Posture

Criminal Costs Appeal / Appeal Against Redetermination

Legal Issues

  1. 1 Whether the time claimed by the appellant for preparation and attendance in the Court of Appeal was reasonable
  2. 2 Whether the hourly rate claimed by the appellant was reasonable given the complexity and importance of the case

Ratio Decidendi

The appeal is allowed because the complexity, importance, and volume of work justified the hours claimed and a higher hourly rate; the appellant's prior involvement reduced but did not eliminate the need for extensive preparation, and the unique factors of the case warranted £175 per hour for 28.5 hours.

Court Disposition

appeal allowed

Orders

  • Appellant to be paid for 28.5 hours at £175 per hour
  • Additional payment to include £100 paid on appeal and £280 costs