R v Campbell & Sobers (Re Ashcott Solicitors) [2023] EWHC 1329 (SCCO) (30 March 2023)

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

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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

  1. 1 Whether additional electronic evidence from mobile phone downloads should be included in the PPE count for legal aid remuneration purposes
  2. 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.