Solomka, R. v [2007] EWHC 90099 (Costs) [2007] EWHC 90099 (Costs) (15 March 2007)

Solomka, R. v [2007] EWHC 90099 (Costs) [2007] EWHC 90099 (Costs) (15 March 2007)

In the absence of any express prohibition in the Regulations and given the necessity and fairness of remunerating counsel for travel time incurred to inspect documents as directed by the trial judge, travel time at the lower travel rate is allowable when special preparation is granted.

Citation
[2007] EWHC 90099
Parties
Prosecution: Regina; Defendant: Solomka
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Criminal Costs Appeal / Appeal From Redetermination
Outcome
appeal allowed
Legal Topics
Special Preparation Fees, Travel Expenses, Legal Aid Funding, Costs Assessment
Criminal Law Costs Law Special Preparation Fees Travel Expenses Legal Aid Funding Costs Assessment

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Parties

Regina

Prosecution

Solomka

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal From Redetermination

Legal Issues

  1. 1 Whether counsel can claim travel time at the lower travel rate for inspecting documents off-site when special preparation is allowed

Ratio Decidendi

In the absence of any express prohibition in the Regulations and given the necessity and fairness of remunerating counsel for travel time incurred to inspect documents as directed by the trial judge, travel time at the lower travel rate is allowable when special preparation is granted.

Court Disposition

appeal allowed

Orders

  • Determining Officer to pay the additional sum claimed by Ms Matthews for travel time at the lower travel rate.
  • Add £200 (exclusive of VAT) for costs and £100 paid on appeal to the payment.