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England and Wales decisions
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Batley, R. v [2026] EWHC 1153 (SCCO) (14 May 2026)
Appeal dismissed: the court held the listed proceedings did not amount to a Newton hearing, so the graduated fee remained based on a guilty plea.
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.
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Lee, R. v [2024] EWHC 3170 (SCCO) (09 December 2024)
Appeal over legal aid remuneration dismissed. The court held the trial began when the jury was sworn and the prosecution opened, making the transfer a during-trial transfer.
The trial began on 15 April 2024 when the prosecution opened the case, so the transfer of legal aid to the appellant occurred during trial. Under Schedule 2, only a 50% trial fee is payable to a new litigator on a during trial transfer.
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