R v Mohammed Ali

R v Mohammed Ali

The combination of two retrials, late instruction of leading counsel, and a conspiracy to pervert the course of justice constituted a factual issue outwith usual professional experience, justifying a special preparation fee for 40 hours as substantially in excess of the norm.

Parties
Prosecution: R; Defendant: Mohammed Ali
Jurisdiction
England and Wales
Judgment Date
21 March 2025
Procedural Posture
Criminal Appeal (costs) / Appeal From Determining Officer's Decision Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed
Legal Topics
Legal Aid Remuneration, Special Preparation Fees, Appeals on Costs
Criminal Law Legal Costs Legal Aid Remuneration Special Preparation Fees Appeals on Costs

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Parties

R

Prosecution

Mohammed Ali

Defendant

Procedural Posture

Criminal Appeal (costs) / Appeal From Determining Officer's Decision Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether the circumstances of the case justified a special preparation fee under Regulation 17(1)(a) of the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether the amount of preparation claimed was substantially in excess of the norm for cases of this type

Ratio Decidendi

The combination of two retrials, late instruction of leading counsel, and a conspiracy to pervert the course of justice constituted a factual issue outwith usual professional experience, justifying a special preparation fee for 40 hours as substantially in excess of the norm.

Court Disposition

Appeal allowed

Orders

  • Special preparation fee for 40 hours preparation to be paid to Mr O’Neill under Regulation 17(1)(a)
  • Additional payment of £750 (exclusive of VAT) for costs to Mr O’Neill