R v Nathan Powell Case: Dispute Over Legal Aid Fees for Trial Days vs. Standard Appearances Highlighted

Citation: [2024] EWHC 109 (SCCO)
Judgment on


The judgment in the case of R v Nathan Powell provides an insightful articulation of legal principles concerning the payment of legal aid fees under the Advocate’s Graduated Fees Scheme (AGFS) in the context of criminal proceedings. The case also encompasses the interpretation of what constitutes trial days as opposed to standard appearances during pre-trial and trial proceedings. The Senior Courts Costs Office (SCCO) had to determine the appropriate remuneration for legal services provided, considering the complexities and procedural nuances of the criminal trial process.

Key Facts

Mr. Keith Harrison, Counsel for the appellant, disputed the assessment made by the Legal Aid Agency (LAA) in relation to a claim submitted under the AGFS. The matter in question pertained to whether the related legal services should be remunerated as a 27-day trial or a 21-day one, as well as the payment for a conference held between Mr. Harrison and his client on the 1st of December, 2021.

The underlying criminal case involved Mr. Nathan Powell and co-defendants, charged with conspiracy to supply Class A drugs and transfer criminal property. The hearing extended over numerous days between January 2021 and January 2022, with the LAA initially deeming certain dates as subsidiary hearings, thus attracting only the standard appearance fee.

The crux of the legal principles applied in this case lies within the interpretation of the Criminal Legal Aid (Remuneration) Regulations 2013, specifically concerning the definition of ‘trial days’ and ‘standard appearances’. The court looked to determine if the challenged days formed a qualitative, substantive part of the trial or were simply procedural directions.

The court also applied the principle enshrined in para. 19, ‘Fees for conferences & views’, which governs the payment for conferences deemed ‘reasonably necessary’. The necessity of the conference was adjudged in light of the complexity of the proceedings and the essential communication with the defendant, especially due to his absence on the preparatory hearing days.

The court had to systematically review each disputed day, referencing log entries and narrative details to ascertain whether the listings on various days should attract a standard appearance fee or be counted as trial days, which would significantly impact the remuneration under AGFS.


The appeal was partially successful. The SCCO ruled in favor of recognizing one additional day (1st March 2021) as a trial day rather than standard appearance, thus making the case a 22-day trial. The other challenged dates were determined not to have bare the substantive necessity to be classified as trial days. The court also found the conference held on 1st December 2021 to be ‘reasonably necessary’ and therefore, eligible for payment under the AFSG.

The appellant was awarded the cost of the additional trial day, cots for the conference, and additional costs of £250 (+ any VAT) for the successful part of the appeal, along with the previously paid £100 for lodging the appeal.


The intricate assessment by Costs Judge Whalan in R v Nathan Powell elucidates on the careful consideration required in deciphering payment obligations under the AGFS. The decision underscores the necessity to distinguish between ‘trial days’ and ‘standard appearances’, a differentiation pivotal to the administration of criminal legal aid. The deliberation on what constitutes a ‘reasonably necessary’ conference further exacerbates the innate complexities of criminal proceedings.

By examining each day in context, rather than merely relying on how the hearings are listed, the court provided clarity on the lawful interpretations required for accurate legal aid remuneration. The meticulous scrutiny endorsed by the SCCO reinforces the importance of evidentiary particulars in determining the compensation of legal professionals, ensuring fairness and precision within the legal aid remuneration framework.

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