R v Daljit Singh Pamma
[2024] EWHC 509 (SCCO)
R v Stephen Hart & Ors
6 November 2023
[2023] EWHC 2926 (SCCO)
Senior Courts Costs Office
Three people were charged with crimes, and their lawyers appealed the amount of money they were paid for their work. The judge decided the lawyers deserved more money, but not as much as they asked for. The case was complicated, so the lawyers needed some extra help, but not to the extent they originally claimed.
Key Facts
- •Appeal against redetermination of costs in a criminal case involving three defendants (Hart, Deprose, Scarborough).
- •Appellant (Jerman, Samuels & Pearson LLP) claimed 1,893 hours of Grade B time for special preparation.
- •Determining Officer allowed 360 hours (320 Grade C, 40 Grade B).
- •Case involved a complex conspiracy with 11 defendants, significant electronic evidence (66,541 pages, including 60,373 pages of electronic telephone material).
- •Defendants' defenses involved varying degrees of denial and innocent explanations.
- •Evidence included EncroChat messages, data from unencrypted devices, and billing records.
- •The Criminal Legal Aid (Remuneration) Regulations 2013 applied.
Legal Principles
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 20.
Criminal Legal Aid (Remuneration) Regulations 2013
Outcomes
Appeal allowed in part.
The Judge found that a hybrid approach should have been used, with Grade C fee earners using search terms to narrow the evidence and Grade B fee earners conducting page-by-page analysis. The Judge considered the complexity of the case and the need for experienced fee earners to interpret slang and terms used by the organised crime group. However, the Judge also found that the Appellant over-deployed resources and that not all the claimed time should be at Grade B rate.
Additional payment to Appellant.
The Appellant is awarded an additional 360 hours at Grade C and 400 hours at Grade B (previously 320 hours at Grade C and 40 hours at Grade B), plus £100 paid on appeal and £1,500 costs (plus VAT where applicable).