Regina v Deinde-Labiyi

Regina v Deinde-Labiyi

The correct PPE calculation should be based on 10% of the total images served by the prosecution (1,891), not 10% of the PDF pages, as the images were provided individually and not as thumbnails by the prosecution.

Parties
Prosecution: Regina; Defendant: Elizabeth Deinde-Labiyi
Jurisdiction
England and Wales
Judgment Date
18 May 2022
Procedural Posture
Criminal Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal allowed
Legal Topics
Litigators Graduated Fee Scheme, Prosecution Evidence, Costs Assessment, PPE Calculation
Criminal Law Legal Costs Litigators Graduated Fee Scheme Prosecution Evidence Costs Assessment PPE Calculation

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Parties

Regina

Prosecution

Elizabeth Deinde-Labiyi

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the determining officer correctly exercised discretion in calculating PPE for prosecution images
  2. 2 Whether the calculation should be based on pages or individual images

Ratio Decidendi

The correct PPE calculation should be based on 10% of the total images served by the prosecution (1,891), not 10% of the PDF pages, as the images were provided individually and not as thumbnails by the prosecution.

Court Disposition

appeal allowed

Orders

  • Solicitors are entitled to PPE calculated on 1,891 pages for images.
  • Graduated fee to be recalculated accordingly.