Legal Aid Constitutional Motion


Following a constitutional motion filed in 2012 by Charles Gomez & Co on behalf of a defendant in a high profile fraud case, the Gibraltar Government passed the Legal Aid (Fees & Expenses) Rules 2012 increasing rates of fees payable to lawyers in respect of complex serious fraud cases.

Although the matter was settled before trial, the Judge, the Honourable Mr Justice Barrington Black ordered the costs of the Motion to be paid by the Government to our client.

With effect of the passing of the rules “reasonable” rates are now payable to lawyers acting in high volume fraud cases whereas before the rates effectively deprived defendants of proper representation.

The constitutional motion was predicated on the Gibraltar Constitution Order in Council of 2006 and the European Convention of Human Rights 1952.

Charles Gomez appeared as counsel on behalf of the applicant and was assisted by Nicholas Gomez.


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