R v Robert Webb

Facts

The appellant, Mr David Lyons, was the trial advocate for Mr Robert Webb, who stood trial with two co-defendants on a two-count indictment alleging conspiracy to import controlled drugs. All three had pleaded not guilty and the matter was listed to begin on 19 May 2025 with an estimate of five to six weeks. On 19 May 2025 the parties attended, two defendants were absent, no jury was empanelled and the case was not opened, but there was legal argument. On 20 May 2025 all three defendants attended and one of them, Mr Dennard, was re-arraigned and pleaded guilty to count 1 on a basis accepted by the Crown, count 2 to lie on the file. The trial judge, observing that the trial had drastically shortened and that he was unable to sit the following week, adjourned the case to 2 June 2025 so that the trial could "start afresh" with a "clean start", extending Mr Webb's custody time limit. The trial then ran for ten days until Mr Webb was convicted. The advocate claimed a trial fee and a new trial fee under the graduated fee scheme; the Determining Officer refused, giving written reasons dated 2 September 2025, and the advocate appealed against that redetermination to the Senior Courts Costs Office.