BIRMINGHAM DISTRICT REGISTRY
APPEAL PURSUANT TO PARAGRAPH 21 OF SCHEDULE 1 OF THE CRIMINAL DEFENCE SERVICE (FUNDING) ORDER 2001
ARTICLE 30 OF THE CRIMINAL DEFENCE SERVICE (FUNDING) ORDER 2007
CASE NO: T 2008 8109
B e f o r e :
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Crown Copyright ©
The appeal has been successful (in part) for the reasons set out below.
The appropriate additional payment, to which should be added the sum of £100 (exclusive of VAT) for costs and the £100 paid on appeal, should accordingly be made to the Applicant.
"Paragraph 22 of the Criminal Defence Service (Funding) (Amendment) Order 2007 confirms that, subject to paragraphs 23 and 24, proceedings outlined in paragraph 21 (Confiscation Proceedings) must be paid at the prescribed rates. Paragraph 21(5) confirms that the appropriate officer must allow fees in accordance with paragraphs 22-24 when considering grades of fee earner.
As paragraphs 23 and 24 refer to attendance at Court and routine items, neither of which is not remunerable under paragraph 15(3), it is apparent these paragraphs refer to proceedings outlined in paragraph 21".
"Fees for Special Preparation
(3) The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable to view the prosecution evidence, and using the rates specified in the table following paragraph 22".
|Class of Work||Grade of Fee Earner||Rate||Variations|
|Preparation||Solicitor, legal executive or fee earner of equivalent experience||45 per hour||Nothing"|
"Allowing fees at more than the prescribed rates
- (1) Upon a determination the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 2 for preparation, attendance at Court where more than one representative is instructed, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the Table of Offences.
(2) The appropriate officer may allow fees at more than the prescribed rate, where it appears to him, taking into account all the relevant circumstances of the case that -
(a) the work was done with exceptional competence, skill or expertise;
(b) the work was done with exception despatch; or
(c) the case involved exceptional complexity or other exceptional circumstances. ...
(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, he must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.
(5) In determining the percentage by which the fees should be enhanced above the prescribed rate, the appropriate officer must have regard to -
a. the degree of responsibility accepted by the fee earner;
b. The care, speed and economy with which the case was prepared; and
c. The novelty, weight and complexity of the case.
(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.
(7) The appropriate officer may have regard to the generality of proceedings to which this Order applies in determining what is reasonable within the meaning of this paragraph".