Sturmer & Anor, R. v

Sturmer & Anor, R. v

The regulations entitle a solicitor to only one fee per proceedings for a sentencing hearing following committal for sentence, regardless of the number of defendants represented, as 'proceedings' can involve more than one defendant and no uplift is prescribed for such hearings.

Parties
Respondent: Regina; Applicants: Sturmer & Lewis
Jurisdiction
England and Wales
Judgment Date
05 January 2009
Procedural Posture
Costs Appeal / Judgment on Appeal Against Legal Services Commission Decision
Outcome
Appeal dismissed
Legal Topics
Litigator Graduated Fee Scheme, Committal for Sentence, Legal Aid Funding, Interpretation of Regulations
Criminal Law Legal Costs Litigator Graduated Fee Scheme Committal for Sentence Legal Aid Funding Interpretation of Regulations

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Parties

Regina

Respondent

Sturmer & Lewis

Applicants

Procedural Posture

Costs Appeal / Judgment on Appeal Against Legal Services Commission Decision

Legal Issues

  1. 1 Whether solicitors are entitled to separate fees for each defendant represented at a sentencing hearing following committal for sentence under the Criminal Defence Service (Funding) Order 2007

Ratio Decidendi

The regulations entitle a solicitor to only one fee per proceedings for a sentencing hearing following committal for sentence, regardless of the number of defendants represented, as 'proceedings' can involve more than one defendant and no uplift is prescribed for such hearings.

Court Disposition

Appeal dismissed

Orders

  • Solicitor is entitled to only one fee for the proceedings involving both defendants.