OBJECTIONS TO THE AUDITOR'S REPORT IN THE CASE OF PF GLASGOW V SCOTT REDMOND [2015] ScotSC 3 (13 January 2015)

OBJECTIONS TO THE AUDITOR'S REPORT IN THE CASE OF PF GLASGOW V SCOTT REDMOND [2015] ScotSC 3 (13 January 2015)

Regulation 4(5B) of the 1999 Regulations, when read in context with the Schedules and the scheme as a whole, applies to mixed plea situations where a plea of guilty is accepted before trial, and therefore only half the fixed fee is payable to the solicitor.

Citation
[2015] ScotSC 3
Parties
Prosecutor: PF Glasgow; Accused: Scott Redmond; Objector: Scottish Legal Aid Board; Claimant for Fees: Mr Lavery (Solicitor)
Jurisdiction
Scotland
Judgment Date
13 January 2015
Procedural Posture
Objection to Auditor's Report in Criminal Summary Proceedings / Hearing on Objections to Auditor's Determination of Legal Aid Fees
Outcome
Objection sustained; auditor's report amended.
Legal Topics
Legal Aid Fixed Payments, Statutory Construction, Solicitor Remuneration, Mixed Plea Procedure
Criminal Law Legal Aid Statutory Interpretation Legal Aid Fixed Payments Statutory Construction Solicitor Remuneration Mixed Plea Procedure

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Parties

PF Glasgow

Prosecutor

Scott Redmond

Accused

Scottish Legal Aid Board

Objector

Mr Lavery (Solicitor)

Claimant for Fees

Procedural Posture

Objection to Auditor's Report in Criminal Summary Proceedings / Hearing on Objections to Auditor's Determination of Legal Aid Fees

Legal Issues

  1. 1 Whether Regulation 4(5B) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 applies to a mixed plea situation, thereby entitling the solicitor to only half the fixed fee.

Ratio Decidendi

Regulation 4(5B) of the 1999 Regulations, when read in context with the Schedules and the scheme as a whole, applies to mixed plea situations where a plea of guilty is accepted before trial, and therefore only half the fixed fee is payable to the solicitor.

Court Disposition

Objection sustained; auditor's report amended.

Orders

  • Remit to auditor to reduce the core fee payable to Mr Lavery from £485 to £242.50.
  • No award of expenses made to either party.