Ali, R. v [2024] EWHC 14 (SCCO) (09 January 2024)

No substantial matters of case management were addressed and the proceedings did not amount to the commencement of a trial in a meaningful sense; therefore, only a cracked trial fee is payable.

Citation: [2024] EWHC 14 (SCCO)
Parties: Defendant: Samad Ali
Jurisdiction: England and Wales
Judgment Date: 09 January 2024
Procedural Posture: Costs Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Graduated Fee Scheme, Cracked Trial Definition, Commencement of Trial, Modern Slavery Defence

Criminal Law Legal Aid Costs Graduated Fee Scheme Cracked Trial Definition Commencement of Trial Modern Slavery Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Samad Ali

Defendant

Procedural Posture

Costs Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal Judgment

Legal Issues

1 Whether the appellant is entitled to a trial fee or a cracked trial fee under the Criminal Legal Aid (Remuneration) Regulations 2013
2 Whether a trial had begun in a 'meaningful sense' for the purposes of the graduated fee scheme

Ratio Decidendi

No substantial matters of case management were addressed and the proceedings did not amount to the commencement of a trial in a meaningful sense; therefore, only a cracked trial fee is payable.

Court Disposition

Appeal dismissed

Orders

Appellant to be paid only the cracked trial fee; no entitlement to trial fee.