Hakim, R. v [2023] EWHC 3129 (SCCO) (05 December 2023)

Hakim, R. v [2023] EWHC 3129 (SCCO) (05 December 2023)

The determining officer erred by treating the disbursement as solely for transcription and disregarding the translation and expert review elements explicitly covered by the prior authority. The disbursement was incurred in accordance with the authority granted, and absent compelling reasons to the contrary, must be allowed in full.

Citation
[2023] EWHC 3129 (SCCO)
Parties
Appellant: R.; Respondent: Hakim
Jurisdiction
England and Wales
Judgment Date
05 December 2023
Procedural Posture
Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Litigators Graduated Fee Scheme, Prior Authority for Disbursements, Translation and Transcription Costs, Determination of Disbursements
Criminal Law Legal Aid Costs Litigators Graduated Fee Scheme Prior Authority for Disbursements Translation and Transcription Costs Determination of Disbursements

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Parties

R.

Appellant

Hakim

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the determining officer erred in disallowing most of the disbursement claimed for translation and transcription services despite prior authority being granted
  2. 2 Whether the disbursement was incurred in accordance with the prior authority under the Criminal Legal Aid (Remuneration) Regulations 2013

Ratio Decidendi

The determining officer erred by treating the disbursement as solely for transcription and disregarding the translation and expert review elements explicitly covered by the prior authority. The disbursement was incurred in accordance with the authority granted, and absent compelling reasons to the contrary, must be allowed in full.

Court Disposition

Appeal allowed

Orders

  • The full disbursement of £610.00 is to be paid to the applicant.
  • An additional payment of £250 (exclusive of VAT) for costs and the £100 paid on appeal is to be made to the applicant.