The Criminal Defence Service (Funding) Order 2007

Appeal to a Costs Judge – standard fees

14.—(1) This paragraph only applies to appeals in proceedings for which standard fees are payable and the provisions of article 30 apply to appeals in proceedings for which standard fees are not payable.

(2) Subject to the provisions of this paragraph, the provisions of articles 30 and 31 relating to appeals by litigators apply, with the necessary modifications, to appeals in proceedings for which standard fees are payable under this Part as they apply to appeals in proceedings for which standard fees are not payable.

(3) A litigator may appeal to a Costs Judge where he is dissatisfied with—

(a) a decision on a re-determination under paragraph 12; or

(b) a decision on a review under paragraph 13.

(4) Where a litigator appeals to a Costs Judge in respect of a decision under paragraph 12, the Costs Judge must determine the fees for preparation within the meaning of paragraph 10(2)(a) and if the fees so determined are—

(a) less than the lower fee limit, the lower standard fee must be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 10(2);

(b) not less than the lower fee limit and not more than the upper fee limit, the principal standard fee must be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 10(2);

(c) more than the upper fee limit, the fees for all classes of work must be determined by the Costs Judge in accordance with paragraph 2.

(5) Where a litigator appeals to a Costs Judge in respect of a decision made on a review under paragraph 13, the Costs Judge must allow whichever standard fee he considers to be appropriate for the type of work done or, as the case may be, re-apply the provisions of paragraph 10(6) to (14).

(6) Where a Costs Judge allows an appeal under this paragraph, in whole or in part, he may allow the litigator a sum in respect of part or all of any reasonable costs (including any fee payable in respect of the appeal) incurred by him in connection with the appeal.