"1 have great sympathy for counsel in the position in which he finds himself, but, as a matter of pure construction, it seems to me that a notice of additional evidence must by definition, be in writing. I am quite clear that the Determining Officer's decision here is contrary to the spirit of the Regulations, but in accordance with the strict letter thereof. I regret that the decision has to be to dismiss this appeal because I can well understand that this will affront counsel in this case and perhaps cause additional friction between prosecuting and defence counsel in future cases, but, with the best will in the worlds I cannot construe the words ' 'notice of additional evidence" as referring to anything other than a written document. This appeal is accordingly dismissed."
"In my judgment the Determining Officer and the Costs Judge reached the only conclusion that they could properly reach however they might have wished to be able to recognisc the harsh anomaly which this factual situation has thrown into such sharp relief. I am acutely aware of the unease of the profession about the graduated fee scheme which has been ever extended and has been in 2004 in the way that I have related. am aware of a mechanistic, somewhat formulaic way in which it has to be applied, and indeed I have some sympathy with the Crown Court staff, who have to apply it in relation to claims made by counsel and who have no doubt in Exeter just as in other places that I am more familiar with, a good close working relationship with members of the Bar who work regularly in those courts. I cannot, I am afraid, find a way of avoiding the impact of these Regulations."