R v Danson [2024] EWHC 3269 (SCCO) (16 December 2024)

R v Danson [2024] EWHC 3269 (SCCO) (16 December 2024)

Time spent by the defence advocate reviewing schedules produced by an expert from served electronic evidence, where those schedules represent a distilled and relevant body of evidence, qualifies for special preparation payment under the 2013 Regulations. The Determining Officer erred in excluding such time from the claim, as a purposive interpretation of the Regulations supports inclusion of this work.

Citation
[2024] EWHC 3269 (SCCO)
Parties
Prosecution: R; Defendant: Danson
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal allowed
Legal Topics
Special Preparation Fees, Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Costs Assessment
Criminal Law Legal Aid Costs Special Preparation Fees Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Costs Assessment

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Parties

R

Prosecution

Danson

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether time spent reviewing defence expert schedules derived from served electronic evidence qualifies for special preparation payment under the 2013 Regulations
  2. 2 Whether the Determining Officer erred in excluding such time from the special preparation claim

Ratio Decidendi

Time spent by the defence advocate reviewing schedules produced by an expert from served electronic evidence, where those schedules represent a distilled and relevant body of evidence, qualifies for special preparation payment under the 2013 Regulations. The Determining Officer erred in excluding such time from the claim, as a purposive interpretation of the Regulations supports inclusion of this work.

Court Disposition

appeal allowed

Orders

  • The appropriate additional payment for special preparation is to be made to the Applicant.
  • An additional sum of £450 (exclusive of VAT) for costs and the £100 paid on appeal are to be paid to the Applicant.