The Supreme Court Costs Office

No.14 of 2002

Lord Chancellor's Department v Singh (R v Hameed)
29 May 2002
Mrs Justice Rafferty (Sitting Without Assessors)

In a graduated fees case the Costs Judge had held that (see [2001] 2 Costs LR 343), by virtue of paragraph 23 in Part 5 of Schedule 3 to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989, junior counsel in a criminal case, where he is led by a QC, is entitled to half his Leader's fees across the board and not merely half the Leader's fees in respect of work where both appeared or did the work.

The Lord Chancellor's Department appealed the decision and Mrs Justice Rafferty reversed the Costs Judge, holding that paragraph 23 did not apply to the fixed fees falling within Part 4 of the schedule. The reference to a "junior advocate" was a reference to an advocate who was led by another, not a reference to the status of a barrister who was not a QC. Accordingly, the respondent was only entitled to the fees laid down in the Table in Part 4, that is the fees for junior counsel alone.