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England and Wales decisions
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Ghabbari, R. v [2026] EWHC 982 (SCCO) (27 April 2026)
Costs appeal over criminal legal aid remuneration for reviewing unused material. The court held the download report qualified in principle, but allowed only 24 hours.
Costs appeal on whether a mobile phone download counted as unused material under criminal legal aid rules. The appeal succeeded in part, with 24 hours allowed.
Briggs, R. v [2026] EWHC 459 (SCCO) (27 February 2026)
The Senior Courts Costs Office allowed an appeal over AGFS unused-material remuneration, holding trial transcripts counted as unused material and were payable.
The High Court SCCO dismissed a criminal legal aid costs appeal about whether phone-download material should count as prosecution evidence for graduated fee purposes.
The appellant's interpretation of the work log was preferred, and 43.25 hours was found to be a modest and reasonable claim for considering over 7000 pages of unused material. The appeal was allowed on this basis.
Source excerpt
All exhibits to Mr Lawlor's statement, including those never existing in paper form, were of central importance and should be included in the PPE count, entitling the Appellant to special preparation fees for reviewing 20,400 pages in excess of the PPE cap.
Source excerpt
The 1,450 pages of evidence were of central importance to the prosecution's case and, following the principles in Hayes and SVS Solicitors, must be included in the PPE count even though they were not formally served and were treated as unused material by the Prosecution. The Determining Officer erred in excluding them.
Source excerpt
Emeh, R. v [2023] EWHC 1694 (SCCO) (22 June 2023)
The costs appeal succeeded. The court held that 1,450 pages of bank and phone evidence should count as PPE, increasing the appellant’s graduated fee.
The Secretary of State for Justice the Lord Chancellor v SVS Solicitors [2017] EWHC 1045 (QB) (11 May 2017)
High Court appeal on legal aid fees: whether electronic telephone data counted as pages of prosecution evidence. The appeal succeeded only to reduce the count from 1,571 to 1,262 pages.
High Court appeal on legal aid fees and whether electronically disclosed telephone data counted as pages of prosecution evidence. Appeal allowed only to reduce the page count.
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