R v Emeh

R v Emeh

The 1,450 pages of evidence were of central importance to the prosecution's case and, following the principles in Hayes and SVS Solicitors, must be included in the PPE count even though they were not formally served and were treated as unused material by the Prosecution. The Determining Officer erred in excluding them.

Parties
Prosecution: R; Defendant: EMEH
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Costs Appeal (criminal) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed
Legal Topics
Litigators’ Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Unused Material, Special Preparation Payment
Criminal Law Legal Aid Costs Litigators’ Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Unused Material Special Preparation Payment

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Parties

R

Prosecution

EMEH

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether 1,450 pages of evidence should be included within the PPE count for the purposes of calculating the Appellant’s graduated fee under the Litigators’ Graduated Fee Scheme
  2. 2 Whether evidence treated by the Prosecution as 'unused' but relied upon in court should be counted as PPE

Ratio Decidendi

The 1,450 pages of evidence were of central importance to the prosecution's case and, following the principles in Hayes and SVS Solicitors, must be included in the PPE count even though they were not formally served and were treated as unused material by the Prosecution. The Determining Officer erred in excluding them.

Court Disposition

Appeal allowed

Orders

  • The PPE count for the Appellant’s graduated fee is increased by 1,450 pages.
  • An additional payment is to be made to the Applicant, including £500 (exclusive of VAT) for costs and the £100 paid on appeal.