R v Steven Parle
[2024] EWHC 1762 (SCCO)
R v Stanley Cave
22 January 2024
[2024] EWHC 107 (SCCO)
Senior Courts Costs Office
Lawyers appealed a decision about how many pages of evidence they could claim for. The dispute was over photos on a phone. The judge said they could claim for half the photos, not all of them, because some weren't important to the case. They also got their appeal fee back.
Key Facts
- •Virdee Solicitors appealed a Legal Aid Agency (LAA) decision reducing the number of pages of prosecution evidence (PPE) claimed under the Litigator's Graduated Fees Scheme (LGFS).
- •The initial claim was for 10,000 PPE pages (regulatory cap), reduced on appeal to 7354 pages.
- •The case involved representing a defendant charged with drug offenses. A significant portion of the PPE consisted of electronic data from the defendant's seized mobile phone (JEK2).
- •The dispute centered on the inclusion of 4971 pages of images/pictures from the electronic data. The Determining Officer (DO) allowed 10%, while the Appellants argued for all 4971 pages.
- •The appeal was heard on the papers, without an oral hearing.
Legal Principles
Determining the number of pages of prosecution evidence (PPE) under the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 1
Guidance on 'served' evidence and exhibits, including informal service and the treatment of electronic data.
Lord Chancellor v. SVS Solicitors [2017] EWHC 1045 (QB)
Outcomes
The appeal was partially allowed.
The DO's 10% allowance for images/pictures was deemed too conservative, given the prosecution's reliance on a significant number (around 188) of those images. However, including all 4971 pages was unreasonable. 50% of the images (2485.5 pages) were deemed appropriately included in the PPE count.
Appellants to receive the £100 paid on appeal.
The partial success of the appeal entitled the Appellants to a refund of the appeal fee.