Lord Chancellor v Ian Henery Solicitors Ltd: QBD 8 Dec 2011

The court heard a challenge to arrangements within the graduated fees scheme for payment of defence lawyers, and in particular ‘when does a trial begin?’ and whether a case should be paid as a ‘trial’ or as a ‘cracked trial’. The trial had been arranged and brought on, but after the jury was sworn, the judge allowed additional counts, and eventually the case was stood down. Under the payments scheme the arrangements were more lucrative to an advocate if the trial was said to be cracked, but to litigators if not.
Spencer J
[2011] EWHC 3246 (QB)
Criminal Defence Service (Funding) Order 2007
CitedLord Chancellor v Rees and others QBD 19-Dec-2008
Sir Charles Gray considered an appeal against the findings of a costs judge, saying: ‘it appears to me that it is incumbent on the Lord Chancellor in any appeal to the High Court to identify some question of law or principle which arises, since the . .

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Updated: 21 March 2021; Ref: scu.449897