R v Mohammed Ikhlaq

R v Mohammed Ikhlaq

The determining officer was correct to use the PDF version for PPE calculation and to exclude technical metadata and audio/video footage. However, the officer underplayed the relevance of images to the defence case. A higher proportion (30%) of images should be allowed as PPE, resulting in a recalculated page count of 6,000 pages.

Parties
Defendant: Mohammed Ikhlaq; Prosecution: The Crown (R)
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 allowed in part
Legal Topics
Legal Aid Remuneration, Litigator's Fee, Page Count (ppe), Relevance of Evidence
Criminal Law Costs Legal Aid Remuneration Litigator's Fee Page Count (ppe) Relevance of Evidence

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Parties

Mohammed Ikhlaq

Defendant

The Crown (R)

Prosecution

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 calculating the litigator’s fee based on 4,680 pages of prosecution evidence (PPE) instead of the 10,000 pages claimed
  2. 2 Whether the correct format and relevance of electronic evidence (UFED vs PDF) was applied in the PPE calculation
  3. 3 Whether the proportion of images allowed as PPE was appropriate

Ratio Decidendi

The determining officer was correct to use the PDF version for PPE calculation and to exclude technical metadata and audio/video footage. However, the officer underplayed the relevance of images to the defence case. A higher proportion (30%) of images should be allowed as PPE, resulting in a recalculated page count of 6,000 pages.

Court Disposition

Appeal allowed in part

Orders

  • Determining officer to recalculate the appropriate graduated fee using 6,000 pages of PPE.
  • Appellant solicitors awarded costs of £250 (exclusive of VAT) and the £100 paid on appeal.