R v Williamson

R v Williamson

The facts did not justify the conclusion that a trial had begun in a meaningful sense. The discussions between prosecution and defence did not amount to substantial case management, and the court log entries recording the trial as effective were not decisive. Therefore, the appellant is not entitled to a trial fee.

Parties
Prosecutor: Regina; Defendant: Williamson
Jurisdiction
England and Wales
Judgment Date
30 May 2022
Procedural Posture
Criminal Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal dismissed
Legal Topics
Legal Aid Remuneration, Graduated Fee Scheme, Cracked Trial Vs Trial Fee
Criminal Law Legal Costs Legal Aid Remuneration Graduated Fee Scheme Cracked Trial Vs Trial Fee

Case Brief

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Parties

Regina

Prosecutor

Williamson

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant solicitors are entitled to a trial fee or a cracked trial fee under the Criminal Legal Aid (Remuneration) Regulations 2013

Ratio Decidendi

The facts did not justify the conclusion that a trial had begun in a meaningful sense. The discussions between prosecution and defence did not amount to substantial case management, and the court log entries recording the trial as effective were not decisive. Therefore, the appellant is not entitled to a trial fee.

Court Disposition

Appeal dismissed