Key Facts
- •Appeal concerning fees under the Criminal Legal Aid (Remuneration) Regulations 2013.
- •Defendant Zara Jamadar faced trial on multiple drug and criminal property charges.
- •Original defence team withdrew, leading to a transfer of legal aid to Ashcotts Solicitors.
- •A retrial occurred with a new judge, counsel, and litigator.
- •An additional charge was added between the trials.
- •Dispute over whether the second trial should be considered a 'new trial' entitling appellants to a full fee or a 'retrial' with a reduced fee.
- •Dispute over the number of pages of prosecution evidence (PPE).
Legal Principles
Definition of 'case' under Schedule 2 of the 2013 Regulations.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2
Remuneration for retrials and transfers under Regulation 13 of the 2013 Regulations.
Criminal Legal Aid (Remuneration) Regulations 2013, Regulation 13
Previous case law on the interpretation of 'new trial' versus 'retrial' in the context of fee entitlement.
R v Khan [2022] EWHC 1274 (SCCO), R v Mohamed (Sohidul) [2024] EWHC 308 (SCCO)
Outcomes
Appeal partially successful regarding PPE; unsuccessful on the fee issue.
The court held that the second trial was a 'retrial,' not a 'new trial,' despite changes in judge, counsel, and indictment. The addition of a new count did not constitute a new case. The applicable fee for a retrial with a new litigator is 50% of the full fee.
Appellants awarded £175 towards their appeal costs.
Partial success in the appeal justified a contribution towards costs.