R v Samad Ali

R v Samad Ali

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

Parties
Prosecution: R; Defendant: Samad Ali
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal (costs) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal dismissed
Legal Topics
Graduated Fee Scheme, Cracked Trial Definition, Trial Commencement, Expert Evidence Admissibility
Criminal Law Legal Aid Costs Graduated Fee Scheme Cracked Trial Definition Trial Commencement Expert Evidence Admissibility

Case Brief

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Parties

R

Prosecution

Samad Ali

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant is entitled to a trial fee or only a cracked trial fee under the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 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 a trial beginning 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