Walsh, R v (No 2) [2011] NICC 30 (26 August 2011)

Walsh, R v (No 2) [2011] NICC 30 (26 August 2011)

The original criminal legal aid certificate granted to Karen Walsh at committal remains in force after assignment of a new solicitor; therefore, the remuneration regime applicable is that in force at the time the certificate was granted, not the new regime under the 2011 Rules.

Citation
[2011] NICC 30
Parties
Prosecution: The Queen; Defendant: Karen Walsh
Jurisdiction
Northern Ireland
Judgment Date
26 August 2011
Procedural Posture
Criminal / Pre Trial Interlocutory Ruling
Outcome
application granted
Legal Topics
Assignment of Solicitor, Criminal Legal Aid Certificate, Remuneration Rates, Transfer of Legal Aid
Criminal Law Legal Aid Assignment of Solicitor Criminal Legal Aid Certificate Remuneration Rates Transfer of Legal Aid

Case Brief

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Parties

The Queen

Prosecution

Karen Walsh

Defendant

Procedural Posture

Criminal / Pre Trial Interlocutory Ruling

Legal Issues

  1. 1 Does the original criminal legal aid certificate granted to Karen Walsh continue in force after assignment of a new solicitor?
  2. 2 Which remuneration regime applies to the new solicitor: pre- or post-2011 Rules?

Ratio Decidendi

The original criminal legal aid certificate granted to Karen Walsh at committal remains in force after assignment of a new solicitor; therefore, the remuneration regime applicable is that in force at the time the certificate was granted, not the new regime under the 2011 Rules.

Court Disposition

application granted

Orders

  • The original criminal legal aid certificate remains in force; Mr Houston is assigned as solicitor in place of Mr Higgins; remuneration governed by pre-2011 regime.