Solicitors win appeal over legal aid fees

Solicitors win appeal over legal aid fees

The High Court's Senior Courts Costs Office recently ruled in favour of Christopher Mantle & Co, solicitors for Sandra Hannah, in a dispute over legal aid fees. The case, presided over by Costs Judge Rowley, involved an appeal against a decision by the determining officer regarding the payment of a second fee under the Criminal Legal Aid (Remuneration) Regulations 2013.

The issue arose from proceedings involving Sandra Hannah, who faced a two-count indictment related to the importation of Class B drugs and the acquisition or possession of criminal property. A subsequent indictment charged her with conspiracy to import a controlled drug, alongside another defendant.

Initially, the first indictment was stayed to allow the second indictment to proceed, which included additional defendants. During the trial, the prosecution offered no evidence against Hannah, resulting in a not guilty verdict.

Christopher Mantle & Co claimed a guilty plea fee for the stayed indictment and a cracked trial fee for the second indictment. However, the determining officer ruled that only one fee was payable, as the indictments were considered joined under the regulations. Consequently, the guilty plea fee was deducted from the cracked trial fee.

The solicitors appealed, arguing that the indictments were not joined as suggested, and that the stay of the first indictment was evident from a screenshot on the Digital Case System. They contended that the joinder referred to the addition of defendants, not the indictments themselves.

Costs Judge Rowley agreed with the solicitors, noting that the evidence supported their claim that the first indictment was stayed and the second indictment proceeded independently. The judge concluded that under the regulations, the solicitors were entitled to both the guilty plea and cracked trial fees.

As a result of the successful appeal, Christopher Mantle & Co were awarded the return of their appeal fee and a sum for costs incurred in bringing the appeal.

This ruling underscores the complexities involved in legal aid fee calculations and the importance of clear procedural documentation in legal proceedings.

Learn More

For more information on criminal legal aid and related issues, see BeCivil's Contractor Law Guide.