Secretary of State for Constitutional Affairs v Stork, Court of Appeal - Queen's Bench Division, August 03, 2005, [2006] 1 Costs LR 69,[2005] EWHC 1763 (QB)

Reporting Judge: [2006] 1 Costs LR 69,[2005] EWHC 1763 (QB)

President: Secretary of State for Constitutional Affairs v Stork

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Extract

Secretary of State for Constitutional Affairs v Stork, Court of Appeal - Queen's Bench Division, August 03, 2005, [2006] 1 Costs LR 69,[2005] EWHC 1763 (QB)

Case No: HQ05X00110

Neutral Citation Number: [2005] EWHC 1763 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 3 August 2005

Before:

THE HON. MR JUSTICE GRAY

Sitting with Assessors

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Between:

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Mr Vikram Sachdeva (instructed by The Treasury Solicitor) for the Claimant

Mr Stephen Leslie QC for the Defendant

Hearing dates: 21 July 2005

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JudgmentMr Justice Gray:

The issue

1. The question which I am asked to decide, with the benefit of assessors namely the Senior Costs Judge and Mr Peter Birts QC, concerns the remuneration payable to barristers for Crown Court trials under the Graduated Fees Scheme. The issue is whether, when his client is found not guilty part way through a multi-defendant trial, a barrister is entitled to be paid the daily ``length of trial uplift'' for the whole length of the trial or whether his entitlement to such uplift is limited to the days when he attended the trial.

Factual background

2. The facts of the instant case may be summarised as follows: Mr Craig Staniland was committed to the Crown Court on bail for one offence of violent disorder on 8 April 2003. There were 19 co-accused. Mr Brian Stork...

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