Khan v Director of Legal Aid Casework [2018] EWHC 3198 (Admin)

The claimant challenged by way of judicial review the decision, made under Regulation 29, to make a capital contribution order against him of £103,484.53. He was charged with money laundering and after the first week of trial he pleaded guilty to a new count of perverting the course of justice. He was found not guilty of money laundering.

The issue was whether the Director had the power to take into account the acquittal. The claimant submitted that he could, and should, have done and that the money laundering defence accounted for almost all of the costs. The Director said the Regulations in their true construction prevent him from taking into account the fact of the acquittal. Further, if the claimant wished to argue there should have been some apportionment he should apply to the crown court under Regulation 26, he did not do so.

The High Court found “no sound foundation for the challenge which has been brought.” The application for judicial review was dismissed.