R v Jenefer Ebosele
[2024] EWHC 2357 (SCCO)
R v Arkdiusz Motyl
30 September 2024
[2024] EWHC 2486 (SCCO)
Senior Courts Costs Office
Lawyers appealed how much they should get paid for a case that had to be tried twice. The judge said they should get paid for both trials, even though a lot of time passed between the trials and some of the people involved changed, because the same lawyer worked on both.
Key Facts
- •Abbey Law Solicitors appealed a Legal Aid Agency decision regarding payment for a trial and retrial under the Litigator's Graduated Fees Scheme (LGFS).
- •The defendant, Arkdiusz Motyl, faced charges of offenses against children.
- •The first trial was discharged due to the judge's COVID-19 isolation.
- •A retrial occurred 27 months later with a new judge, prosecution counsel, and defense counsel.
- •The defendant pleaded guilty during the retrial.
- •The appeal concerned whether the solicitors were entitled to two separate trial fees or a trial and retrial fee.
Legal Principles
The Criminal Legal Aid (Remuneration) Regulations 2013 (as amended) govern fee payments.
Regulation 29 of the Criminal Legal Aid (Remuneration) Regulations 2013
Paragraph 13 of Schedule 2 to the 2013 Regulations dictates fees for trials and retrials when the same litigator is involved.
Schedule 2, paragraph 13, of the 2013 Regulations
The terms 'new trial' and 'retrial' are not procedurally synonymous, despite potential informal usage in practice.
Judge's analysis of case law and court practice
Outcomes
The appeal was dismissed.
The court found that the case fell under paragraph 13 of Schedule 2 of the 2013 Regulations, entitling the solicitors to a trial fee and a retrial fee (25% of the trial fee) because the same litigator represented the defendant at both hearings, despite the significant time lapse and changes in other personnel.