Source: All England Reporter
Publisher Citation: [2005] All ER (D) 19 (Aug)
Neutral Citation: [2005] EWHC 1763 (QB)
Court: Queen's Bench Division
Judge:

Gray J
Representation Vikram Sachdeva (instructed by the Treasury Solicitor) for the Secretary of State.
  Stephen Leslie QC for the defendant.
Judgment Dates: 3 August 2005

Catchwords

Counsel - Fees - Graduated fees scheme - Client of defendant barrister found not guilty part way through multi-defendant trial - Defendant claiming 'length of trial uplift' for whole trial - Whether defendant entitled to such uplift for whole length of trial - Determination of length of time for which daily rate of 'length of trial uplift' could be claimed - Criminal Defence Service (Funding) Order 2001, , Pt 2, 4, paras 7(1), (2), 8.

The Case

On the Secretary of State's appeal against a decision of the costs judge awarding the defendant barrister fees in respect of 'length of trial uplift' based on the whole trial in circumstances where his client had been found not guilty part way through a multi-defendant trial, the court allowed the appeal, taking the view that in relation to the criminal advocates' graduated fee scheme, 'd' in para7(2) of Pt 2 of Sch4 to the Criminal Defence Service (Funding) Order 2001, , bore the same connotation where it appeared on the formula to be applied to calculate refreshers as it did where it appeared in the formula for calculating 'length of trial' uplift.

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