R v Hussain

R v Hussain

The Determining Officer’s allowance of 5% of the image data as PPE was reasonable and consistent with established legal principles. The majority of the images were irrelevant and required little or no consideration, and the Appellant’s arguments did not justify a higher inclusion rate. The appeal was therefore dismissed.

Parties
Prosecution: R; Defendant: Hussain
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal (costs) / 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, Costs Assessment
Criminal Law Legal Aid Costs Litigators’ Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Costs Assessment

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Parties

R

Prosecution

Hussain

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Determining Officer erred in limiting the PPE count for electronic image data to 5% in the calculation of defence costs under the Litigators’ Graduated Fee Scheme.

Ratio Decidendi

The Determining Officer’s allowance of 5% of the image data as PPE was reasonable and consistent with established legal principles. The majority of the images were irrelevant and required little or no consideration, and the Appellant’s arguments did not justify a higher inclusion rate. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Determining Officer’s decision is upheld.
  • No increase in the PPE count for image data.