R v O'Sullivan

R v O'Sullivan

Where indictments are joined, there is only one case for the purposes of the 2013 Regulations, and only one case fee is payable, regardless of the extent of preparation on the original indictments.

Parties
Respondent: R; Defendant: Aaron O’Sullivan
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal dismissed
Legal Topics
Joinder of Indictments, Graduated Fee Scheme, Criminal Legal Aid Remuneration, Case Fee Entitlement
Criminal Law Legal Aid Costs Joinder of Indictments Graduated Fee Scheme Criminal Legal Aid Remuneration Case Fee Entitlement

Case Brief

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Parties

R

Respondent

Aaron O’Sullivan

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether two case fees are payable under the 2013 Regulations when indictments are joined
  2. 2 Interpretation of 'case' under the Advocates’ Graduated Fee Scheme

Ratio Decidendi

Where indictments are joined, there is only one case for the purposes of the 2013 Regulations, and only one case fee is payable, regardless of the extent of preparation on the original indictments.

Court Disposition

Appeal dismissed

Orders

  • Only one case fee is payable under the 2013 Regulations
  • No cracked trial fee is payable for the money laundering indictment