Nikolla, R. v [2023] EWHC 3127 (SCCO) (01 December 2023)

Nikolla, R. v [2023] EWHC 3127 (SCCO) (01 December 2023)

The original phone download does not add substantive utility beyond the translated version, as the translated document contains both the original text and the translations. The original version is a duplicate for PPE purposes and should not be counted separately. Any additional work required to check for differences can be claimed as special preparation, not as PPE.

Citation
[2023] EWHC 3127 (SCCO)
Parties
Prosecution: R.; Defendant: Thanas Nikolla
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Costs Appeal (criminal Legal Aid) / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
Appeal dismissed
Legal Topics
Litigators Graduated Fee Scheme, Pages of Prosecution Evidence (ppe), Duplicate Evidence, Special Preparation
Criminal Law Legal Aid Costs Litigators Graduated Fee Scheme Pages of Prosecution Evidence (ppe) Duplicate Evidence Special Preparation

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Parties

R.

Prosecution

Thanas Nikolla

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 both the original and translated phone downloads should be counted as PPE for the purposes of solicitors' fees under the Litigators Graduated Fee Scheme.

Ratio Decidendi

The original phone download does not add substantive utility beyond the translated version, as the translated document contains both the original text and the translations. The original version is a duplicate for PPE purposes and should not be counted separately. Any additional work required to check for differences can be claimed as special preparation, not as PPE.

Court Disposition

Appeal dismissed

Orders

  • The original phone download is not to be counted as PPE.
  • Solicitors may claim special preparation if appropriate.