KA-2024-000244 - [2025] EWHC 2070 (KB)

Khan was a judgment delivered by Costs Judge Leonard concerning the assessment of costs in committal proceedings. A key issue was whether a party receiving legal aid could recover costs from an opponent at conventional between the parties’ rates, or if recovery was limited to the rates payable by the LAA. He concluded that the indemnity principle is not disapplied for a party in receipt of criminal legal aid in prescribed proceedings. He found no express statutory provision within LASPO or the relevant Criminal Legal Aid (Remuneration) Regulations 2013, that abrogated this principle for criminal legal aid, unlike the specific provisions which apply to civil legal aid. Consequently, the costs recoverable by a criminally legally aided party from an opponent were limited in that case to those payable under paragraph 7(b) of Schedule 4 to the Criminal Legal Aid (Remuneration) Regulations 2013. Thus, he decided, in short, that a party cannot recover at higher between the parties’ rates where their own liability is restricted to legal aid rates.

He rejected arguments that the LAA’s Standard Criminal Contract Specification, or any other contractual provision, could authorise enhanced rates or override the mandatory provisions of the Remuneration Regulations. He observed that even if the contract purported to allow enhancement, it could not supersede statutory regulations, and that the LAA had no discretion to enhance the rates set out in Schedule 4.

The Judge in the present case expressly followed the reasoning of Costs Judge Leonard in Khan describing the judgment, whilst not binding on him, as “carefully and correctly determined”.