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England and Wales Case Law

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Criminal law

R v Rossitter

An advocate’s appeal for higher fees under the Criminal Legal Aid Regulations was dismissed. The court held the fixed fee scheme applied and no escape clause was justified.

  • Advocates graduated fee scheme
  • Committal for sentence
  • Remuneration regulations
  • Psychiatric evidence
  • Sentencing
  • Criminal-legal-aid
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Criminal law [2026] EWHC 820 (SCCO)

Preddie, R. v

Preddie, R. v [2026] EWHC 820 (SCCO) (02 April 2026)

The Senior Courts Costs Office allowed an appeal in principle, holding that a 2024 representation order was ambiguous enough to permit junior-rate payment for 33 hours of pre-amendment preparatory work.

  • Representation order interpretation
  • Remuneration regulations
  • Advocate fee entitlement
  • Criminal-costs
  • Legal-aid-remuneration
  • Representation-order
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Criminal law

R v Burke

The trial fee must be calculated strictly by reference to the band of the offence for which the defendant was tried, which was attempted murder (Band 3.2), not conspiracy to murder (Band 1.2), regardless of case complexity or the indictment particulars. The court has no jurisdiction to hear appeals on travel and subsistence claims under the 2013 Regulations.

  • Advocates graduated fee scheme
  • Banding of offences
  • Remuneration regulations
  • Conspiracy to murder
  • Attempted murder
  • Trial fee calculation
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Criminal law [2026] EWHC 753 (SCCO)

Joyce, R. v

Joyce, R. v [2026] EWHC 753 (SCCO) (27 March 2026)

The High Court dismissed a costs appeal, holding that the sentencing hearing was not a Newton hearing because it involved no disputed factual finding.

  • Newton hearing
  • Graduated fee
  • Sentencing
  • Fact-finding
  • Remuneration regulations
  • Newton-hearing
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Criminal law [2026] EWHC 649 (SCCO)

Kaky, Re

Kaky, Re [2026] EWHC 649 (SCCO) (18 March 2026)

The Senior Courts Costs Office held that conspiracy to commit female genital mutilation abroad is band 2.1, allowing the appeal on legal aid fee banding.

  • Graduated fee scheme
  • Banding of offences
  • Conspiracy to commit offences abroad
  • Female genital mutilation
  • Remuneration regulations
  • Criminal-legal-aid
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Criminal law [2026] EWHC 459 (SCCO)

Briggs, R. v

Briggs, R. v [2026] EWHC 459 (SCCO) (27 February 2026)

The Senior Courts Costs Office allowed an appeal over AGFS unused-material remuneration, holding trial transcripts counted as unused material and were payable.

  • Agfs unused preparation
  • Remuneration regulations
  • Unused material
  • Disclosure
  • Legal aid
  • Criminal-costs
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Criminal law

R v Jack Briggs

Transcripts of the first trial, though not used by the prosecution, contained material capable of undermining the prosecution and assisting the defence. Their consideration was reasonable and necessary for the appellant, and they qualify as unused material under the regulations. The appellant is entitled to remuneration for time spent considering them in excess of three hours.

  • Agfs unused material claims
  • Remuneration regulations
  • Disclosure obligations
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Criminal law

R v Sultan Bakr

A Newton hearing did not occur because no new evidence was heard at the sentencing hearing; the judge relied solely on evidence from the trial. Therefore, the fee payable to the appellant is to be calculated as for a transfer after trial and before sentencing, not as for a new trial.

  • Newton hearing
  • Remuneration regulations
  • Sentencing guidelines
  • Representation order
  • Fee assessment
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Criminal law

R v Palmer

The Senior Courts Costs Office held that no Newton hearing took place, so the appellant was entitled only to a guilty plea fee, not a trial fee.

  • Newton hearing
  • Remuneration regulations
  • Sentencing procedure
  • Costs assessment
  • Newton-hearing
  • Legal-aid-remuneration
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Criminal law [2025] EWHC 1634 (SCCO)

Palmer, R. v

Palmer, R. v [2025] EWHC 1634 (SCCO) (27 June 2025)

The High Court held that no Newton hearing took place, so the appellant’s fee was payable only on a guilty plea basis, not as a trial fee.

  • Newton hearing
  • Remuneration regulations
  • Trial fee vs guilty plea fee
  • Meaning of 'hearing' under legal aid scheme
  • Newton-hearing
  • Criminal-legal-aid
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.