A v Lord Chancellor

Legal aid – Criminal cases. The Legal Aid Agency's decision as to the remuneration of three counsel in the total sum of £1,204,000 for a fraud case had been irrational as a result of a combination of identified, but uncorrected errors, and a breach of the duty of transparency and clarity and/or procedural unfairness in the non-disclosure of the calculator used to calculate fee offers. Accordingly, the Divisional Court set aside the decision, directed it to be remade, and directed the Legal Aid Agency to disclose the calculator and any policy, guidance or protocol as to its use and/or as to any other aspect of the operation of the interim fixed fee offer scheme.

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