The Criminal Defence Service (Funding) Order 2007

Appeals to the High Court

31.—(1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under article 30 may apply to a Costs Judge to certify a point of principle of general importance.

(2) Subject to article 32, an application under paragraph (1) or paragraph 15(3) of Schedule 4 must be made within 21 days of receiving notification of a Costs Judge’s decision under article 30(13).

(3) Where a Costs Judge certifies a point of principle of general importance the appellant may appeal to the High Court against the decision of a Costs Judge on an appeal under article 30, and the Lord Chancellor must be a respondent to such an appeal.

(4) Subject to article 32, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of a Costs Judge’s certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under article 30, he may, if no appeal has been made by an appellant under paragraph (3), appeal to the High Court against that decision, and the appellant must be a respondent to the appeal.

(6) Subject to article 32, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the Costs Judge’s decision under article 30(13).

(7) An appeal under paragraph (3) or (5) must—

(a) be brought in the Queen’s Bench Division;

(b) subject to paragraph (4), follow the procedure set out in Part 52 of the Civil Procedure Rules 1998(1); and

(c) be heard and determined by a single judge whose decision will be final.

(8) The judge has the same powers as the appropriate officer and a Costs Judge under this Order and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

(1)

S.I. 1998/3132. There are relevant amendments in S.I. 2000/221, 2003/2113, 2003/3361, 2004/2072, 2005/3515, 2006/1689 and 2006/3435.