Ali, R. v [2025] EWHC 2861 (SCCO) (27 October 2025)

Ali, R. v [2025] EWHC 2861 (SCCO) (27 October 2025)

The Determining Officer's 10% allowance for images was unreasonably low given the specific and general relevance of images to the prosecution case. A PPE allowance for images in the range of 20-25% was reasonable on the facts. The total PPE count should be increased to 1850 to reflect a fair assessment of the evidence, including images and installed applications.

Citation
[2025] EWHC 2861 (SCCO)
Parties
Prosecution: REX; Defendant: Phillip Ali
Jurisdiction
England and Wales
Judgment Date
27 October 2025
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal allowed in part
Legal Topics
Litigator's Graduated Fees Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Animal Welfare Act Offences
Criminal Law Legal Aid Costs Litigator's Graduated Fees Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Animal Welfare Act Offences

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Parties

REX

Prosecution

Phillip Ali

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Determining Officer's assessment of pages of prosecution evidence (PPE) was correct under the 2013 Regulations
  2. 2 Whether the allowance for images and installed applications from the defendant's phone was reasonable

Ratio Decidendi

The Determining Officer's 10% allowance for images was unreasonably low given the specific and general relevance of images to the prosecution case. A PPE allowance for images in the range of 20-25% was reasonable on the facts. The total PPE count should be increased to 1850 to reflect a fair assessment of the evidence, including images and installed applications.

Court Disposition

Appeal allowed in part

Orders

  • The LGFS claim is to be recalculated by reference to a PPE count of 1850.
  • The Appellants are awarded £1500 plus any VAT payable in costs, in addition to the £100 paid on appeal.