R v Lastowski

R v Lastowski

The appellant's claim for 613.45 hours at Grade A for special preparation was unreasonable because not all electronic evidence qualifies as PPE, the total number of excess pages was overstated, and the review methodology was inefficient. The Determining Officer's allowance of 320 hours at Grade B was generous and reasonable given the circumstances and available technology.

Parties
Prosecution: R; Defendant: Lastowski
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Criminal Appeal (costs) / Appeal From Legal Aid Agency Determination
Outcome
Appeal dismissed
Legal Topics
Criminal Legal Aid (remuneration) Regulations 2013, Special Preparation Fees, Pages of Prosecution Evidence (ppe), Assessment of Costs
Criminal Law Legal Aid Costs Criminal Legal Aid (remuneration) Regulations 2013 Special Preparation Fees Pages of Prosecution Evidence (ppe) Assessment of Costs

Case Brief

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Parties

R

Prosecution

Lastowski

Defendant

Procedural Posture

Criminal Appeal (costs) / Appeal From Legal Aid Agency Determination

Legal Issues

  1. 1 Whether the appellant is entitled to special preparation fees for electronic evidence under the Criminal Legal Aid (Remuneration) Regulations 2013
  2. 2 Whether the claimed hours and grade for special preparation are reasonable
  3. 3 Proper calculation and inclusion of electronic evidence as PPE

Ratio Decidendi

The appellant's claim for 613.45 hours at Grade A for special preparation was unreasonable because not all electronic evidence qualifies as PPE, the total number of excess pages was overstated, and the review methodology was inefficient. The Determining Officer's allowance of 320 hours at Grade B was generous and reasonable given the circumstances and available technology.

Court Disposition

Appeal dismissed

Orders

  • The determination of the Legal Aid Agency is upheld; the appellant is limited to 320 hours at Grade B for special preparation.