R v Chukwuka Case Highlights Enhanced Rates and Reasonable Time in Legal Aid Remuneration for Complex Confiscation Proceedings

Citation: [2023] EWHC 3156 (SCCO)
Judgment on


In the judgment of R v Chukwuka [2023] EWHC 3156 (SCCO), Costs Judge Leonard addressed an appeal dealing with remuneration claims under the Criminal Legal Aid (Remuneration) Regulations 2013. This case highlights the nuances involved in determining appropriate compensation for legal representation in the complex area of confiscation proceedings pursuant to the Proceeds of Crime Act 2002.

Key Facts

The appeal involves remuneration for Imran Khan & Partners, who represented Bonaventure Chukwuka in confiscation proceedings following his conviction for fraud and money laundering. The original prosecution case was extensive, involving over 20,000 pages of evidence and a six-month trial. The crux of the matter before the Costs Judge was twofold. First, whether the work performed by a trainee solicitor should be subject to an enhanced rate due to the complexity of the case, and second, what is a reasonable amount of time for reviewing the exhaustive documentation specific to the case.

Two central legal principles underpin the court’s decision:

  1. Enhanced Rates: Under Paragraph 29 of Schedule 2 to the Criminal Legal Aid (Remuneration) Regulations 2013, enhanced rates can be awarded if work done shows exceptional competence, skill, expertise, despatch, complexity, or other exceptional circumstances. The rate of enhancement cannot exceed 100%.

  2. Reasonable Time for Work: The assessment of a reasonable amount of time for legal work is subject to what appears to be “reasonably done” based on the remuneration provisions outlined in Paragraphs 26 to 29 of the Criminal Legal Aid (Remuneration) Regulations 2013.

These principles were considered in the light of R v Ahmad and another [2014] UKSC 36, which underscored the importance of discerning the actual benefit obtained by a defendant when multiple parties involve a joint criminal enterprise. The present appeal also drew upon R v Onwu [2022] EWHC 1778 (SCCO) as a comparative basis to assess the reasonability of time spent on case material.


Judge Leonard accepted the appellant’s argument that the Determining Officer did not adequately consider the significance of the original trial evidence in the confiscation proceedings. The work performed by the trainee solicitor, characterized not as mere scheduling but as a detailed evidence analysis, warranted a 100% enhancement rate. The actual time spent was justified in light of the case facts, resulting in full allowance of the claimed hours. Thus, the appeal succeeded in full. The Costs Judge directed additional payment, plus costs and appeal fee, to the Appellant.


The case of R v Chukwuka establishes the court’s recognition of the intricacies involved in reviewing voluminous evidence in complex cases. It reaffirms the possibility of enhanced rates for junior legal personnel when the work carries the weight and responsibility expected in such circumstances. This case underscores the court’s careful assessment of reasonability in time spent and the need for fair remuneration in line with the demands of complicated and extensive legal work, advancing the understanding that the level of fee earner does not affect the complexity and the required competence for a task. It bolsters the principle that exceptional cases demand exceptional remuneration, which ought to reflect the detailed and often arduous labor entailed in navigating them.

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