Uddin, R. v [2010] EWHC 90170 (Costs) (13 January 2010)

Uddin, R. v [2010] EWHC 90170 (Costs) (13 January 2010)

CCTV footage served as moving images in electronic format does not constitute a 'document' or 'page' of prosecution evidence for the purposes of special preparation fees under the Criminal Defence Service (Funding) Order 2007. The appeal is bound by the decision in Reed, and the scheme intentionally excludes such work from special preparation fees.

Citation
[2010] EWHC 90170 (Costs)
Parties
Claimant: Regina; Defendant: Uddin; Applicant Solicitors: McLarty & Co
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Costs Appeal / Appeal From Redetermination in the Senior Courts Costs Office
Outcome
Appeal dismissed
Legal Topics
Special Preparation Fees, CCTV Evidence, Litigator Graduated Fee Scheme, Interpretation of 'document' in Costs Regulations
Criminal Law Costs Special Preparation Fees CCTV Evidence Litigator Graduated Fee Scheme Interpretation of 'document' in Costs Regulations

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 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Claimant

Uddin

Defendant

McLarty & Co

Applicant Solicitors

Procedural Posture

Costs Appeal / Appeal From Redetermination in the Senior Courts Costs Office

Legal Issues

  1. 1 Whether time spent viewing CCTV footage qualifies for a special preparation fee under the Criminal Defence Service (Funding) Order 2007
  2. 2 Whether CCTV footage constitutes a 'document' or 'page' of prosecution evidence for the purposes of fee calculation

Ratio Decidendi

CCTV footage served as moving images in electronic format does not constitute a 'document' or 'page' of prosecution evidence for the purposes of special preparation fees under the Criminal Defence Service (Funding) Order 2007. The appeal is bound by the decision in Reed, and the scheme intentionally excludes such work from special preparation fees.

Court Disposition

Appeal dismissed

Orders

  • No special preparation fee payable for time spent viewing CCTV footage
  • Costs to be calculated in accordance with the graduated fee scheme