Key Facts
- •Imran Khan & Partners Solicitors appealed a Legal Aid Agency decision regarding fee earner grade allocations under the Litigator's Graduated Fees Scheme (LGFS).
- •The dispute concerned Paul O'Donnell (claimed grade A, allowed B) and Ghislaine Sandoval (claimed grade B, allowed C).
- •The case involved representing Mr. Vivek Gupta in fraud and money laundering charges.
- •O'Donnell had 5 years post-qualification experience (pqe) at the start of the case, reaching 8 years just before its conclusion.
- •Sandoval qualified as a solicitor after her involvement in the case.
- •The appeal concerned the interpretation of 'senior solicitor' and 'solicitor, legal executive or fee earner of equivalent experience' under the Criminal Legal Aid (Remuneration) Regulations 2013.
Legal Principles
The Criminal Legal Aid (Remuneration) Regulations 2013 (2013 Regulations) govern fee earner grade allocations.
Criminal Legal Aid (Remuneration) Regulations 2013
Post-qualification experience (pqe) is a factor but not solely determinative in assessing fee earner grades. Relevant experience before qualification and overall litigation experience should be considered.
Paturel v. Marble Arch Services Limited [2005] EWHC 1055 (QB)
The 2013 Regulations allow for a more flexible and holistic approach to grade assessment than previous schemes.
Case Law Analysis
Outcomes
The appeal was successful.
The judge adopted a more flexible interpretation of the regulations, considering O'Donnell's and Sandoval's experience, including pre-qualification experience and professional recommendations, concluding that O'Donnell met the criteria for grade A and Sandoval for grade B.
O'Donnell's grade was changed from B to A.
His experience in POCA work, asset forfeiture, and professional recommendations supported his classification as a senior solicitor.
Sandoval's grade was changed from C to B.
Her significant experience before qualifying as a solicitor and previous grade B assessments justified this classification.
Appellants were awarded costs of £150 plus VAT and the £100 paid on appeal.
Standard costs awarded in successful appeals.