R v Jamie Powell

R v Jamie Powell

The hearing was a sentencing hearing, not a Newton hearing, as no evidence was led and no factual issue required judicial determination. The cracked trial fee applies. However, a further 5% of image pages from the telephone download are allowed as PPE, increasing the total PPE allowed.

Parties
Appellant: Brysons Solicitors; Defendant: Jamie Powell; Respondent: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
03 May 2025
Procedural Posture
Criminal Costs Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Litigators Graduated Fee, Newton Hearing, Pages of Prosecution Evidence (ppe), Criminal Legal Aid Remuneration
Criminal Law Legal Costs Litigators Graduated Fee Newton Hearing Pages of Prosecution Evidence (ppe) Criminal Legal Aid Remuneration

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Parties

Brysons Solicitors

Appellant

Jamie Powell

Defendant

Legal Aid Agency

Respondent

Procedural Posture

Criminal Costs Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing hearing amounted to a Newton hearing for fee calculation purposes
  2. 2 Whether additional pages of prosecution evidence (PPE) should be allowed in the graduated fee calculation

Ratio Decidendi

The hearing was a sentencing hearing, not a Newton hearing, as no evidence was led and no factual issue required judicial determination. The cracked trial fee applies. However, a further 5% of image pages from the telephone download are allowed as PPE, increasing the total PPE allowed.

Court Disposition

Appeal allowed in part

Orders

  • Cracked trial fee confirmed for graduated fee calculation
  • Total PPE allowed increased from 1,199 to 6,866 pages, including 173 image pages