Popo, R. v [2026] EWHC 268 (SCCO) (10 February 2026)

Popo, R. v [2026] EWHC 268 (SCCO) (10 February 2026)

The matters addressed on the listed trial date were ordinary case management and did not amount to substantial matters requiring judicial determination. No application for disclosure was made to the judge, and the judge did not certify the first day of trial. Therefore, the trial did not begin in a meaningful sense and only a cracked trial fee is payable.

Citation
[2026] EWHC 268 (SCCO)
Parties
Prosecution: R; Defendant: Nigel Popo; Appellant Solicitors: Joseph Hill & Co (Solicitors)
Jurisdiction
England and Wales
Judgment Date
10 February 2026
Procedural Posture
Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal From Costs Determination
Outcome
Appeal dismissed
Legal Topics
Graduated Fee Scheme, Cracked Trial Definition, Commencement of Trial, Case Management, Remuneration of Litigators
Criminal Law Legal Aid Costs Graduated Fee Scheme Cracked Trial Definition Commencement of Trial Case Management Remuneration of Litigators

Case Brief

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Parties

R

Prosecution

Nigel Popo

Defendant

Joseph Hill & Co (Solicitors)

Appellant Solicitors

Procedural Posture

Appeal Under Criminal Legal Aid (remuneration) Regulations 2013 / Appeal From Costs Determination

Legal Issues

  1. 1 Whether the trial had begun in a meaningful sense for the purposes of the Graduated Fee Scheme
  2. 2 Whether the appellant is entitled to a trial fee or only a cracked trial fee

Ratio Decidendi

The matters addressed on the listed trial date were ordinary case management and did not amount to substantial matters requiring judicial determination. No application for disclosure was made to the judge, and the judge did not certify the first day of trial. Therefore, the trial did not begin in a meaningful sense and only a cracked trial fee is payable.

Court Disposition

Appeal dismissed

Orders

  • Appellant is not entitled to a trial fee; only a cracked trial fee is payable.