Key Facts
- •Appeal concerning the classification of fee earner Ms. Andrea Cowie ('AC') for costs in confiscation proceedings under the Proceeds of Crime Act 2002.
- •AC is unqualified as a solicitor or legal executive but the appellant argues she has equivalent experience.
- •Determining Officer classified AC as Grade C fee earner; appellant argues for Grade B.
- •AC holds a law degree and undertook the LPC but did not complete all exams.
- •AC works for a large criminal defence firm, handling confiscation cases and has received positive feedback from counsel.
- •The case involved relatively straightforward confiscation proceedings.
Legal Principles
Classification of fee earners for costs in confiscation proceedings is determined by Schedule 2 of the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013
Equivalent experience for fee earner classification requires assessment of experience at the time work was carried out.
Schedule 2 of the Criminal Legal Aid (Remuneration) Regulations 2013
Previous decisions by other officers (e.g., case workers) are not binding.
Judgement
In civil cases, certification of bills is required, setting out fee earner status and grade according to the SCCO Guide (AKC v Havering [2022] EWCA Civ 630).
AKC v Havering [2022] EWCA Civ 630
Outcomes
Appeal dismissed.
The Costs Judge found that the Determining Officer correctly classified AC as a Grade C fee earner. AC's experience, while significant in confiscation proceedings, did not meet the equivalent experience of a solicitor or legal executive as defined in the regulations, considering the required training and breadth of experience.