Nguyen, R. v [2025] EWHC 633 (SCCO) (17 March 2025)

Nguyen, R. v [2025] EWHC 633 (SCCO) (17 March 2025)

A greater proportion of the electronic datum from the mobile phone should be included in the PPE count, as the prosecution relied on the holistic use of the phone to rebut the modern slavery defence. However, not all electronic data is appropriate for inclusion. Given the lack of detailed breakdown and the 10,000 page cap, the judge directs that 10,000 pages of electronic datum be included, making a total PPE count of 10,131. The appeal is allowed to this extent.

Citation
[2025] EWHC 633 (SCCO)
Parties
Prosecution: REX; Defendant: Tan Cong Nguyen
Jurisdiction
England and Wales
Judgment Date
17 March 2025
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal From Determining Officer's Decision
Outcome
Appeal allowed
Legal Topics
Litigator's Graduated Fees Scheme, Pages of Prosecution Evidence (ppe), Electronic Evidence, Modern Slavery Defence
Criminal Law Legal Aid Costs Litigator's Graduated Fees Scheme Pages of Prosecution Evidence (ppe) Electronic Evidence Modern Slavery Defence

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Parties

REX

Prosecution

Tan Cong Nguyen

Defendant

Procedural Posture

Costs Appeal (criminal Legal Aid) / Appeal From Determining Officer's Decision

Legal Issues

  1. 1 Whether the total PPE count should be 10,000 as claimed or 882 as allowed
  2. 2 What categories of electronic evidence should be included in PPE under the 2013 Regulations

Ratio Decidendi

A greater proportion of the electronic datum from the mobile phone should be included in the PPE count, as the prosecution relied on the holistic use of the phone to rebut the modern slavery defence. However, not all electronic data is appropriate for inclusion. Given the lack of detailed breakdown and the 10,000 page cap, the judge directs that 10,000 pages of electronic datum be included, making a total PPE count of 10,131. The appeal is allowed to this extent.

Court Disposition

Appeal allowed

Orders

  • The PPE count is set at 10,131 pages for LGFS purposes.
  • The Appellants are awarded £750 plus any VAT payable in costs, in addition to the £100 paid on appeal.