Khan, R. v [2025] EWHC 1278 (SCCO) (22 May 2025)

Khan, R. v [2025] EWHC 1278 (SCCO) (22 May 2025)

Some of the material rejected by the Respondent should be included in the PPE count as it was relevant to the prosecution's case and admitted into evidence; specifically, MMS, SMS, Text messages, and certain images from co-defendants' phones. Videos, audio, and uncharacterised datum from the Defendant's phone were not sufficiently relevant. The PPE count should be recalculated to 3443 pages.

Citation
[2025] EWHC 1278 (SCCO)
Parties
Prosecution: REX; Defendant: Adam Khan
Jurisdiction
England and Wales
Judgment Date
22 May 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Litigator's Graduated Fees Scheme, Pages of Prosecution Evidence, Electronic Evidence, Joint Enterprise, Bad Character Evidence
Criminal Law Legal Aid Costs Litigator's Graduated Fees Scheme Pages of Prosecution Evidence Electronic Evidence Joint Enterprise Bad Character Evidence

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Parties

REX

Prosecution

Adam Khan

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether additional electronic datum should be included in the PPE count for LGFS remuneration
  2. 2 Interpretation of 'served' evidence under Criminal Legal Aid (Remuneration) Regulations 2013

Ratio Decidendi

Some of the material rejected by the Respondent should be included in the PPE count as it was relevant to the prosecution's case and admitted into evidence; specifically, MMS, SMS, Text messages, and certain images from co-defendants' phones. Videos, audio, and uncharacterised datum from the Defendant's phone were not sufficiently relevant. The PPE count should be recalculated to 3443 pages.

Court Disposition

appeal allowed in part

Orders

  • LGFS claim to be recalculated by reference to PPE count of 3443
  • Appellants awarded £300 plus any VAT payable in costs, in addition to £100 paid on appeal