Regina v Shabir Khan

Regina v Shabir Khan

The appeals fail because the amendments to indictments were part of an iterative process and did not constitute separate cases under the 2013 Regulations; therefore, only one graduated fee is payable. The claim for Shabir was also out of time and no exceptional circumstances were shown.

Parties
Prosecution: Regina; Defendant: Shabir; Defendant: Khan
Jurisdiction
England and Wales
Judgment Date
19 August 2022
Procedural Posture
Criminal Appeal (costs) / Appeal Against Determining Officer's Decision on Legal Aid Remuneration
Outcome
Appeals dismissed
Legal Topics
Criminal Legal Aid (remuneration) Regulations 2013, Litigators Graduated Fee Scheme, Indictment Amendments, Cracked Trial Fees
Criminal Law Legal Aid Costs Criminal Legal Aid (remuneration) Regulations 2013 Litigators Graduated Fee Scheme Indictment Amendments Cracked Trial Fees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Shabir

Defendant

Khan

Defendant

Procedural Posture

Criminal Appeal (costs) / Appeal Against Determining Officer's Decision on Legal Aid Remuneration

Legal Issues

  1. 1 Whether solicitors are entitled to multiple cracked trial fees for quashed indictments under the Litigators Graduated Fee Scheme
  2. 2 Whether amendments to indictments constitute separate cases for fee purposes
  3. 3 Whether claims made out of time can be allowed under exceptional circumstances

Ratio Decidendi

The appeals fail because the amendments to indictments were part of an iterative process and did not constitute separate cases under the 2013 Regulations; therefore, only one graduated fee is payable. The claim for Shabir was also out of time and no exceptional circumstances were shown.

Court Disposition

Appeals dismissed