R v Choudhry Hussain

When determining remuneration for work in Court of Appeal proceedings, the appropriate officer must consider all relevant circumstances, including the nature, importance, complexity and difficulty of the work and the time involved. A reasonable amount must be allowed for work actually and reasonably done.

A representation order made by the Court of Appeal for solicitors to undertake work is a relevant circumstance in a subsequent remuneration appeal. That order may justify payment even where the Legal Aid Agency did not otherwise fund the work.

Wells Burcombe LLP appealed against the redetermination of a claim for £237.59 plus VAT arising from work done for an appeal against a conviction under section 6 of the Bail Act. The firm accepted that it had no Legal Aid Agency representation order covering the disputed work.

During the criminal appeal, the Court of Appeal granted a representation order for solicitors and counsel to advise on the conviction appeal and settle the advice and grounds of appeal. Counsel had been remunerated under that order, but the solicitor’s claim was rejected. The issue was whether the Court of Appeal’s order justified remuneration of the solicitor under the applicable regulations.

1. The appeal was allowed in the sum claimed, £237.59 plus VAT.
2. Under Schedule 3, paragraph 1 of the Criminal Legal Aid (Remuneration) Regulations 2013, the appropriate officer must take into account all relevant circumstances, including the nature, importance, complexity or difficulty of the work and the time involved, and allow a reasonable amount for work actually and reasonably done.
3. The appellant accepted that the Legal Aid Agency funding arrangement did not cover the disputed work and sought no payment under that arrangement. The work related solely to the conviction appeal, which had been added to an existing sentence appeal.
4. The Court of Appeal’s representation order expressly authorised the solicitor, as well as counsel, to undertake the relevant work. That order was a relevant circumstance for the purposes of Schedule 3, paragraph 1. It supported the conclusion that the solicitor should be remunerated for the work properly undertaken.
5. The amount claimed represented a reasonable amount for work actually and reasonably done. A further £250 was allowed for the costs of the remuneration appeal on a fully inclusive basis.

• Court of Appeal (Criminal Division): granted a representation order for solicitors and counsel to advise on the conviction appeal and settle the advice and grounds of appeal. No citation is stated in the judgment.
• High Court (Senior Court Costs Office): allowed the remuneration appeal in the sum claimed and awarded £250 for the appeal costs.