There is much more detail behind this story, which I’m happy to chat through with anyone interested/concerned, however here is what you need to know:
Our clients represented co-defendants in the Crown Court, both legally aided but one with a capital contribution order.
The defendant with a capital contribution pleaded at the earliest opportunity whilst his co-defendant went to trial and was acquitted.
After billing the LAA came back to the former for 50% of the total litigators and advocates graduated fees claimed in the case. Well over double what everyone was expecting and running to an excess of about £25K.
Following extensive correspondence, and much worry that Judicial Apportionment applied, the LAA have finally decided that this is not so. Rather they have agreed that a capital contribution equivalent to the fee payable at the point of the guilty plea is appropriate.
This seems a reasonable outcome, albeit that the application of regulations and guidance utilised is not a crystal clear as one might like.
This may not be a regular scenario but it’s one you might want to put in your memory bank just in case.
