R v Danson

R v Danson

Schedules produced by a defence expert from served electronic evidence, representing distilled and relevant material, should be treated as pages of prosecution evidence for the purposes of special preparation claims under the 2013 Regulations. The Determining Officer's exclusion of such schedules was based on an over-literal reading and was incorrect.

Parties
Prosecution: R; Defendant: Jodie Danson
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal allowed
Legal Topics
Special Preparation Fees, Graduated Fee Scheme, Pages of Prosecution Evidence, Electronic Evidence, Costs Assessment
Criminal Law Legal Aid Costs Special Preparation Fees Graduated Fee Scheme Pages of Prosecution Evidence Electronic Evidence Costs Assessment

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Parties

R

Prosecution

Jodie Danson

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether schedules produced from electronic evidence by a defence expert can be counted as pages of prosecution evidence for special preparation claims
  2. 2 Whether the Determining Officer's methodology for assessing special preparation was correct under the 2013 Regulations

Ratio Decidendi

Schedules produced by a defence expert from served electronic evidence, representing distilled and relevant material, should be treated as pages of prosecution evidence for the purposes of special preparation claims under the 2013 Regulations. The Determining Officer's exclusion of such schedules was based on an over-literal reading and was incorrect.

Court Disposition

appeal allowed

Orders

  • The appeal succeeds in full.
  • The appropriate additional payment is to be made to the Applicant, including £450 (exclusive of VAT) for costs and £100 paid on appeal.