R v William McGinley
[2024] EWHC 702 (SCCO)
R v Muhibur Rahman
21 November 2023
[2023] EWHC 3037 (SCCO)
Senior Courts Costs Office
A lawyer got less money than they deserved because the government incorrectly paid too much to a previous lawyer on the same case. A judge decided the government should fix its mistake and pay the lawyer what they were actually owed.
Key Facts
- •Appeal against Legal Aid Agency (LAA) decision regarding AGFS payment calculation.
- •Case involved multiple advocates representing the defendant (Mr. Muhibur Rahman) in a kidnapping case.
- •Dispute centered on a 'hardship payment' to a previous advocate (Mr. Cassidy) and the appellant's (Mr. Smith) final fee.
- •Mr. Cassidy received a hardship payment calculated as a 'cracked trial fee', despite withdrawing before the main hearing.
- •Appellant argued the hardship payment was overpaid and the burden of recoupment should fall on the Respondent (LAA), not him.
- •The appellant's final fee was significantly less than expected.
Legal Principles
Calculation of hardship payments under the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1, Part 1, paragraphs 2, 4, 21, 22, and 26
Determining the 'trial advocate' and 'main hearing' for fee calculation purposes under the AGFS.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 1, Part 1
The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.
Paragraph 21(5) of the 2013 Regulations
Outcomes
Appeal allowed.
The hardship payment to Mr. Cassidy was overpaid as it was calculated as a 'cracked trial fee' incorrectly. The burden of recovering the overpayment should fall on the LAA, not the appellant. The appellant should receive the main payment as the trial advocate.
Additional payment to the Appellant.
To correct the underpayment of the appellant's fees and include the £100 paid for the appeal.