Mullen, R. v [2025] EWHC 2101 (SCCO) (05 August 2025)
There was only one 'case' against the defendant for the purposes of the Regulations, as the substance of the case did not change despite multiple indictments being stayed and preferred; therefore, only one fee is payable.
- Citation
- [2025] EWHC 2101 (SCCO)
- Parties
- Respondent: R; Defendant: Mullen
- Jurisdiction
- England and Wales
- Judgment Date
- 05 August 2025
- Procedural Posture
- Costs Appeal (criminal Legal Aid) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
- Outcome
- Appeal dismissed
- Legal Topics
- Litigators' Graduated Fee Scheme, Indictment Joinder and Severance, Entitlement to Multiple Fees, Interpretation of 'case' Under Regulations
Case Brief
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Parties
R
Respondent
Mullen
Defendant
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Legal Issues
- 1 Whether multiple indictments against a defendant constitute multiple 'cases' for fee purposes under the Criminal Legal Aid (Remuneration) Regulations 2013
- 2 Whether the appellant is entitled to more than one fee due to stayed and preferred indictments
Ratio Decidendi
There was only one 'case' against the defendant for the purposes of the Regulations, as the substance of the case did not change despite multiple indictments being stayed and preferred; therefore, only one fee is payable.
Court Disposition
Appeal dismissed
Orders
- No additional fee payable to the appellant
- Only one fee under the Litigators' Graduated Fee Scheme is due
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