R v Adam Khan

R v Adam Khan

Material comprising MMS, SMS, and text messages relevant to the Defendant's phone, and images from co-defendants' phones relied on by the prosecution, should be included in the PPE count. Videos, audio, and uncharacterised datum from Defendant's phone are excluded. The total PPE count is increased to 3443 pages, and the LGFS claim must be recalculated accordingly.

Parties
Prosecution: REX; Defendant: Adam Khan; Appellant: Eldwick Law Solicitors; Respondent: Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
22 May 2025
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
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

Case Brief

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Parties

REX

Prosecution

Adam Khan

Defendant

Eldwick Law Solicitors

Appellant

Legal Aid Agency

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Material comprising MMS, SMS, and text messages relevant to the Defendant's phone, and images from co-defendants' phones relied on by the prosecution, should be included in the PPE count. Videos, audio, and uncharacterised datum from Defendant's phone are excluded. The total PPE count is increased to 3443 pages, and the LGFS claim must be recalculated accordingly.

Court Disposition

Appeal allowed in part

Orders

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