R v Naqash Ali
The hearing did not meet the threshold for a Newton hearing as there was no substantial factual dispute requiring judicial determination; the judge accepted the defendant's categorisation and did not hear live evidence, thus only a cracked trial fee was payable.
- Parties
- Prosecution: R; Defendant: Naqash Ali; Appellant: Eldwick Law
- Jurisdiction
- England and Wales
- Judgment Date
- 05 September 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Costs Determination
- Outcome
- appeal dismissed
- Legal Topics
- Litigators Graduated Fee Scheme, Newton Hearing, Sentencing Guidelines, Criminal Legal Aid (remuneration) Regulations 2013
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
Naqash Ali
Defendant
Eldwick Law
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Costs Determination
Legal Issues
- 1 Whether the sentencing hearing constituted a Newton hearing under the Criminal Legal Aid (Remuneration) Regulations 2013
- 2 Whether a trial fee or cracked trial fee was payable under the Litigators Graduated Fee Scheme
Ratio Decidendi
The hearing did not meet the threshold for a Newton hearing as there was no substantial factual dispute requiring judicial determination; the judge accepted the defendant's categorisation and did not hear live evidence, thus only a cracked trial fee was payable.
Court Disposition
appeal dismissed
Orders
- Cracked trial fee remains payable under the Litigators Graduated Fee Scheme
- No trial fee to be paid
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