Fitton, R. v [2022] EWHC 1542 (SCCO) (09 June 2022)
The Defendant never entered a plea, so the case cannot be classified as a guilty plea; the technical requirements for a cracked trial are satisfied as a plea and case management hearing took place, the case did not proceed to trial, and the prosecution offered no evidence.
- Citation
- [2022] EWHC 1542 (SCCO)
- Parties
- Prosecution: Regina; Defendant: Sean Fitton
- Jurisdiction
- England and Wales
- Judgment Date
- 09 June 2022
- Procedural Posture
- Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Costs Appeal Before the Senior Courts Costs Office
- Outcome
- Appeal allowed
- Legal Topics
- Litigator's Graduated Fee Scheme, Cracked Trial Vs Guilty Plea, Legal Aid Remuneration, Extradition Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Sean Fitton
Defendant
Procedural Posture
Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013 / Costs Appeal Before the Senior Courts Costs Office
Legal Issues
- 1 Whether the Appellant is entitled to a 'cracked trial' fee or a 'guilty plea' fee under the Litigator's Graduated Fee Scheme
Ratio Decidendi
The Defendant never entered a plea, so the case cannot be classified as a guilty plea; the technical requirements for a cracked trial are satisfied as a plea and case management hearing took place, the case did not proceed to trial, and the prosecution offered no evidence.
Court Disposition
Appeal allowed
Orders
- Appellant's LGFS claim to be paid as a cracked trial, not a guilty plea
- Costs of £500 (exclusive of VAT) awarded to Appellant
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