Jordan - v - AG [2005] JCA 061A (29 April 2005)

Jordan - v - AG [2005] JCA 061A (29 April 2005)

It was reasonable for the advocate to attend the defendant's interview and to claim the partner's rate due to being a sole practitioner, but unreasonable to claim time for the Old Style Committal; the Greffier's decision on hours allowed is upheld except as varied for these points.

Citation
[2005] JCA 061A
Parties
Appellant: Defendant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
29 April 2005
Procedural Posture
Criminal Costs Taxation Appeal / Appeal Against Taxation Decision
Outcome
Appeal allowed in part
Legal Topics
Taxation of Costs, Standard Basis Costs, Legal Aid, Advocate's Fees
Criminal Law Costs Taxation of Costs Standard Basis Costs Legal Aid Advocate's Fees

Case Brief

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Parties

Defendant

Appellant

Crown

Respondent

Procedural Posture

Criminal Costs Taxation Appeal / Appeal Against Taxation Decision

Legal Issues

  1. 1 Whether costs for advocate's attendance at interview are recoverable
  2. 2 Whether advocate is entitled to partner's rate for time spent
  3. 3 Whether time spent on Old Style Committal is recoverable

Ratio Decidendi

It was reasonable for the advocate to attend the defendant's interview and to claim the partner's rate due to being a sole practitioner, but unreasonable to claim time for the Old Style Committal; the Greffier's decision on hours allowed is upheld except as varied for these points.

Court Disposition

Appeal allowed in part

Orders

  • Time for the question and answer session is allowed.
  • Partner's rate is allowed for the advocate's time.