R v Nikolla
The original phone download does not add utility beyond the translated version, which contains both the original Albanian and the translations. The original version is not to be counted as additional PPE but may be considered for special preparation time. The appeal is dismissed.
Source-derived case information.
- Parties
- Appellant: Fahrenheit Law (Solicitors); Defendant: Thanas Nikolla; Respondent: The Determining Officer / Legal Aid Agency
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Costs Appeal / Appeal From Determining Officer's Decision Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
- Outcome
- appeal dismissed
- Legal Topics
- Litigators Graduated Fee Scheme, Prosecution Evidence Page Count, Duplication of Documents, Special Preparation Claims
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fahrenheit Law (Solicitors)
Appellant
Thanas Nikolla
Defendant
The Determining Officer / Legal Aid Agency
Respondent
Procedural Posture
Criminal Costs Appeal / Appeal From Determining Officer's Decision Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Legal Issues
- 1 Whether both the original and translated phone downloads should be counted as separate pages of prosecution evidence (PPE) for the purposes of the Litigators Graduated Fee Scheme
- 2 Whether the original version adds utility beyond the translated version for fee calculation
- 3 Whether the original version should be remunerated as PPE or only as special preparation
Ratio Decidendi
The original phone download does not add utility beyond the translated version, which contains both the original Albanian and the translations. The original version is not to be counted as additional PPE but may be considered for special preparation time. The appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed. The original phone download is not to be counted as additional PPE. Any claim for special preparation should be considered in light of this decision.
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