Criminal Law  /  [2026] EWHC 2410 (SCCO)

Criminal Law · The England and Wales High Court (Senior Courts Costs Office)

R v O'Brien

Court The England and Wales High Court (Senior Courts Costs Office)Date 18 September 2026Citation [2026] EWHC 2410 (SCCO)Source Find Case LawAlso filed under Civil Procedure, Administrative / Public Law

Checked against the judgment on 19 September 2026 · how we verify

Facts

Hodge Jones and Allen, a firm of solicitors, acted for Nathan O'Brien in proceedings before the Crown Court at Portsmouth, where he was indicted on a single count of conspiracy to kidnap. The defence was publicly funded under a Representation Order originally dated 5 August 2020, which was transferred to the firm on 15 October 2025, a week before the final trial. The case had a long history: a first trial ran from 16 August to 24 August 2021 but ended when the defendant fell ill with Covid and his advocate withdrew, the jury being discharged; a relisted trial was overtaken when the defendant was admitted to hospital and his case was severed from his co-defendants; a further trial began on 24 April 2024 and concluded on 2 May 2024 without a verdict, the judge ordering medical reports. The defendant then dispensed with his legal team and appeared in person at a series of mention hearings before the firm took over. Trial went ahead on 22 October 2025 and on 27 October 2025 the prosecution offered no evidence and he was acquitted. The firm claimed a full trial fee; the Legal Aid Agency's Determining Officer allowed a 50% retrial fee, and the firm appealed.

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