R v Taj
[2024] EWHC 2070 (SCCO)
R v Kyi-Reece Sylvester
21 November 2023
[2023] EWHC 3035 (SCCO)
Senior Courts Costs Office
A lawyer appealed the Legal Aid Agency's rejection of his claim for time spent reviewing mountains of case files in a murder case. The judge sided with the lawyer, saying the time spent was reasonable given the paperwork involved, and ordered the Agency to pay up.
Key Facts
- •Appeal against Legal Aid Agency's decision on a claim for considering unused material under the Advocate's Graduated Fees Scheme (AGFS).
- •Appellant claimed 40.25 hours for considering 7036 pages of unused material; Respondent allowed 14.5 hours.
- •Case involved a murder and robbery trial where the defendant was alleged to be affiliated with a North London gang.
- •The dispute centered on the interpretation of 'consideration of unused material' in the Criminal Legal Aid (Remuneration) Regulations 2013, as amended in 2020.
Legal Principles
Interpretation of 'consideration of unused material' in the Criminal Legal Aid (Remuneration) Regulations 2013 (as amended in 2020).
Criminal Legal Aid (Remuneration) Regulations 2013, as amended by the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020.
Reasonableness of hours claimed for considering unused material.
Criminal Legal Aid (Remuneration) Regulations 2013 (as amended).
Outcomes
Appeal allowed.
The judge preferred the Appellant's interpretation of his work log, finding that 43.25 hours (including the initial 3-hour fixed fee) was a modest amount of time to consider over 7000 pages of material. The judge also noted that a broad interpretation of 'consideration' in the 2020 regulations was desirable, but ultimately based the decision on the appellant's first proposition.
Appellant awarded 40.25 hours for considering unused material.
The judge accepted the appellant's claim that the time spent was reasonably used for considering the material.
Appellant awarded costs of £300 (plus VAT) and the £100 already paid on appeal.
The Appellant was successful in the appeal.