Hussain, R. v [2023] EWHC 3126 (SCCO) (04 December 2023)
The Determining Officer's allowance of 5% of the image data as PPE was reasonable and consistent with established legal principles and authorities. The majority of the images were not central to the prosecution's case and required minimal consideration. The appeal is dismissed.
- Citation
- [2023] EWHC 3126 (SCCO)
- Parties
- Prosecution: R.; Defendant: Hussain
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2023
- Procedural Posture
- Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
- Outcome
- appeal dismissed
- Legal Topics
- Litigators' Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Legal Aid Remuneration, Costs Assessment
Case Brief
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Parties
R.
Prosecution
Hussain
Defendant
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Legal Issues
- 1 Whether the Determining Officer erred in allowing only 5% of image data as PPE for legal aid remuneration purposes
- 2 Whether all images from electronic downloads should be included in the PPE count
Ratio Decidendi
The Determining Officer's allowance of 5% of the image data as PPE was reasonable and consistent with established legal principles and authorities. The majority of the images were not central to the prosecution's case and required minimal consideration. The appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- Extension of time for appeal granted
- Appeal against PPE count dismissed
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