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England and Wales decisions
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The appellant failed to demonstrate that the trial had begun in a meaningful sense, as only ordinary case management and administrative matters occurred before the prosecution offered no evidence. No substantial judicial rulings or exceptional case management were undertaken. Therefore, only a cracked trial fee is payable.
Source excerpt
Costs appeal dismissed: the court held the defendant’s case never began as a trial in a meaningful sense, so only the cracked trial fee was payable.
Costs Judge Leonard allowed a criminal legal aid appeal and increased special preparation from 120 to 300 hours for reading excess PPE.
Kaky, Re [2026] EWHC 649 (SCCO) (18 March 2026)
The Senior Courts Costs Office held that conspiracy to commit female genital mutilation abroad is band 2.1, allowing the appeal on legal aid fee banding.
Popo, R. v [2026] EWHC 268 (SCCO) (10 February 2026)
Costs appeal dismissed: the court held the listed hearing did not begin a trial in a meaningful sense, so only a cracked trial fee was payable.
Daniels, R. v [2026] EWHC 248 (SCCO) (09 February 2026)
High Court costs appeal over whether a sentencing hearing was a Newton hearing. The court held it was not, because no disputed facts required determination.
The Regulations require the formal entry of a plea for a case to qualify as a 'cracked trial'; mere communication of intention to plead not guilty is insufficient. The Determining Officer was correct to assess the fee as a guilty plea, as the prosecution offered no evidence before the first hearing at which a plea was entered.
Source excerpt
Lodge, R. v [2025] EWHC 2535 (SCCO) (06 October 2025)
The High Court dismissed a criminal legal aid costs appeal, holding that the 31 January 2024 sentencing hearing was not a Newton hearing because no live factual dispute had to be resolved.
Anjum, R. v [2025] EWHC 2468 (SCCO) (29 September 2025)
Criminal legal aid costs appeal partly allowed, with extra payment awarded for special preparation and consideration of unused material.
Muylders, R. v [2025] EWHC 2400 (SCCO) (22 September 2025)
Appeal allowed on criminal legal aid remuneration: the court held the case was a cracked trial fee case, not a guilty plea fee case.
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