A barrister was not entitled to a graduated fee on the basis of a cracked trial where the proceedings had been discontinued at a hearing which would otherwise have been the plea and case management hearing. The clarity of the Criminal Defence Service (Funding) Order 2007 Sch.1 para.2(9) removed any ambiguity from the definition of a cracked trial found in Sch.1 para.1 of that Order.

QBD (Leggatt J)

20/02/2013