Recent Judicial Decisions
| DOI | 10.1177/0032258X8005300309 |
| Date | 01 July 1980 |
| Published date | 01 July 1980 |
| Author | John Wood |
| Subject Matter | Article |
PROFESSOR
SIR
JOHN
WOOD, C.B.E., LL.M.
The University
of
Sheffield.
Lega/ Correspondent
of
the
POLICE
JOURNAL
RECENT
JUDICIAL
DECISIONS
THE
PORK
BARREL
R. v. Wilkinson [1980] I W.L.R. 396 Divisional Court
The case, one of attempted murder, was tried at Cheltenham
Crown Court in November 1977 over 4 days. The solicitor for the
defendant briefed
junior
counsel. A bill was presented to the Court
for taxation by the defence solicitors.
It
consisted of £8,142.34 for
preparation of the trial and £945.98 for attendance at the trial. The
sums allowed by the taxing officer were £2,733 and £207 respectively.
This decision was challenged.
It
is interesting to note that the bill of
costs was submitted for taxation in January 1978and the certificate
was issued in April 1978 and appealed.
The differences between the sums claimed and those allowed were
explained.
For
the preparation partner's time had been charged at
£22.60 (£15 allowed), letters at £1.50 a page (75p a page for short
letters), letters received at 35p (70p allowed for long letters), routine
untimed telephone calls £1 (allowed). The time claimed as spent at
partner level with the defendant, with the witnesses and studying
documents was reduced. The result was to reduce the basic amount
claimed on preparation from £4,949.73 to £1,630. A 50% mark up
had been used in the claim for "careand conduct". This was allowed,
on the lesser sum, of course. Typing was claimed at £248 (£100) and
copying at £469.75 (£187). Thus the preparation costs had been
claimed at £8,142.34 and allowed as £2,733.
Court attendance was similarly dealt with. Partner's time was
claimed at £22.66 per hour, that of assistantsolicitor'sat £
12.41
and of
asecretary at £10. The fee allowed was £50 per diem for partner and
nothing more, except for bail application - £11.33 claimed (£7
allowed). .
The Solicitors on receiving the certificate asked for a review and
this resulted inno significant changes. On appeal Master Clews made
revisions. The figure for partner's time was increased to £16 (£15)
some time was restored
(9V2
hourswiththedefendantand witnesses.ou
hours with documents). The result was to increase the preparation
sum by £1550 to £4,283 (£2,733) and to confirm the attendance at
trial amount as £207. From that decision a review was asked of the
High Court.
Police Journal
Ju~1'
1980 278
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