R v Campbell & Sobers (Re Ashcott Solicitors) [2023] EWHC 1329 (SCCO) (30 March 2023)
The determining officer's decision to include only 10% of the images and relevant sections of electronic data in the PPE count was reasonable, as most of the material was irrelevant and only evidence of central importance should be included. The appellant failed to demonstrate that additional material met this threshold.
- Citation
- [2023] EWHC 1329 (SCCO)
- Parties
- Prosecution: R; Defendants: Campbell & Sobers; Appellant/defence Solicitors: Ashcott Solicitors
- Jurisdiction
- England and Wales
- Judgment Date
- 30 March 2023
- Procedural Posture
- Costs Appeal (criminal Legal Aid Remuneration) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
- Outcome
- Appeal dismissed
- Legal Topics
- Legal Aid Remuneration, Litigators' Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Special Preparation Fees
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
Campbell & Sobers
Defendants
Ashcott Solicitors
Appellant/defence Solicitors
Procedural Posture
Costs Appeal (criminal Legal Aid Remuneration) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Legal Issues
- 1 Whether additional electronic evidence from mobile phone downloads should be included in the PPE count for legal aid remuneration purposes
- 2 Appropriate percentage of electronic images and data to be included in PPE count
Ratio Decidendi
The determining officer's decision to include only 10% of the images and relevant sections of electronic data in the PPE count was reasonable, as most of the material was irrelevant and only evidence of central importance should be included. The appellant failed to demonstrate that additional material met this threshold.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed; the determining officer's PPE count stands.
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