R v Muhibur Rahman
[2023] EWHC 3037 (SCCO)
R v William McGinley
18 March 2024
[2024] EWHC 702 (SCCO)
Senior Courts Costs Office
A lawyer appealed because the government wouldn't pay him for a case that kept getting delayed and restarted several times. Even though the case eventually fell apart, the judge ruled that because the case had a scheduled date, the lawyer should get paid.
Key Facts
- •Appeal against the Legal Aid Agency's (LAA) decision to recoup a 'cracked' trial fee under the Advocate's Graduated Fees Scheme (AGFS).
- •The case involved numerous trial and retrials due to various issues including juror unavailability, witness unavailability, ill health of defendants and judge, and the Bar Action strikes.
- •The prosecution ultimately offered no evidence on 18th November 2022, after a period of adjournment to consider whether to proceed with a further retrial.
- •The trial was listed as a 'fixture' for 8th April 2024 before the prosecution offered no evidence.
Legal Principles
A 'cracked trial' fee under AGFS is payable only if a trial is aborted or a jury is unable to reach a verdict, with the prosecution later offering no evidence, and the case was again considered ready for trial by being given a fixture listing or placed in a warned list.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, and Crown Court Fee Guidance, paragraphs 26-27
In R v. Pelepenko (2002), a cracked trial fee is payable only after an aborted trial where the prosecution confirms proceeding to another trial, and the case subsequently cracks.
R v. Pelepenko [2002], SCCO Ref: X27A (Costs Judge Rogers)
Outcomes
Appeal allowed. The appellant is entitled to a 'cracked' trial fee.
The case, despite an adjournment to allow the prosecution to decide on a retrial, was considered ready for trial and had a fixture listing. The court considered this satisfied the requirements for a 'cracked' trial fee, despite the eventual decision of the prosecution to offer no evidence.
Appellant to be remitted the £100 paid to lodge the appeal.
Standard costs associated with a successful appeal.