The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

CHAPTER 2 Orders as to costs

Award of costs in favour of subject or party under section 24(2)

14.—(1) Where the Court of Appeal—

(a) allows an appeal by the person who is the subject of a serious crime prevention order;

(b) dismisses an appeal by the relevant applicant authority;

(c) hears an appeal by a party under section 24(2); or

(d) determines an application for leave to appeal to the Supreme Court,

it may make an appeal costs order in favour of the person who is the subject of the serious crime prevention order.

(2) Where the Court of Appeal—

(a) allows an appeal by a party under section 24(2);

(b) dismisses an appeal by the relevant applicant authority;

(c) hears an appeal by the person who is the subject of a serious crime prevention order; or

(d) determines an application for leave to appeal to the Supreme Court,

it may make an appeal costs order in favour of a party under section 24(2).

(3) Subject to paragraphs (4) and (5), an order under this article shall be for the payment out of central funds, to the person in whose favour the order is made, of such amounts as the Court of Appeal considers reasonably sufficient to compensate that person for any expenses properly incurred by that person in the proceedings before the Court of Appeal.

(4) Where the Court of Appeal makes an order under this article but is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in paragraph (3) it shall—

(a) assess what amount would, in its opinion, be just and reasonable; and

(b) specify that amount in the order.

(5) Subject to paragraph (4), the amount to be paid out of central funds in pursuance of an order under this article shall—

(a) be specified in the order, in any case where the Court of Appeal considers it appropriate for the amount to be specified and the person in whose favour the order is made agrees the amount; and

(b) in any other case, be determined in accordance with Chapter 3 of this Part and article 37.

Award of costs against subject or party under section 24(2)

15.—(1) Where the Court of Appeal dismisses—

(a) an appeal or an application for leave to appeal by the person who is the subject of a serious crime prevention order; or

(b) an application by that person for leave to appeal to the Supreme Court under section 24(7) of the Act,

it may make such order as to costs to be paid by that person, to such person as may be named in the order (including the relevant applicant authority or a party under section 24(2)), as it considers just and reasonable.

(2) Where the Court of Appeal dismisses—

(a) an appeal or an application for leave to appeal by a party under section 24(2); or

(b) an application by that person for leave to appeal to the Supreme Court under section 24(7) of the Act,

it may make such order as to costs to be paid by that person, to such person as may be named in the order (including the relevant applicant authority or the person who is the subject of a serious crime prevention order), as it considers just and reasonable.

(3) The amount to be paid in pursuance of an order under this article shall be specified in the order.

Unnecessary or improper acts and omissions

16.—(1) Where at any time during any proceedings before the Court of Appeal, the Court of Appeal is satisfied that costs have been incurred in respect of those proceedings by any person who is a party to the appeal as a result of an unnecessary or improper act or omission by, or on behalf of, another person who is a party to the appeal, the Court of Appeal may order that all or part of the costs incurred by that person shall be paid by the other person.

(2) When making an order under paragraph (1) the Court of Appeal may take into account any other order as to costs which has been made in respect of the proceedings before the Court of Appeal and may take the order into account when making any other order as to costs in respect of those proceedings.

(3) The amount to be paid in pursuance of an order under this article shall be specified in the order.

(4) Before making an order under paragraph (1), the Court of Appeal shall allow any person who is a party to the appeal to make representations and may hear evidence.

Wasted costs order

17.—(1) If in any proceedings before the Court of Appeal, costs have been incurred by a person who is a party to the appeal—

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

(b) which, in the light of any such act or omission occurring after they were incurred, the Court of Appeal considers it is unreasonable to expect that person to pay

the Court of Appeal may disallow, or (as the case may be) order the legal or other representative to pay, the whole of any wasted costs or such part of them as may be determined in accordance with this article.

(2) When making a wasted costs order, the Court of Appeal may take into account any other order as to costs which has been made in respect of the proceedings before the Court of Appeal and may take the wasted costs order into account when making any other order as to costs in respect of those proceedings.

(3) The amount to be paid or disallowed in pursuance of a wasted costs order shall be specified in the order.

(4) Before making a wasted costs order, the Court of Appeal shall allow the legal or other representative and any person who is a party to the appeal to make representations and may hear evidence.

(5) Where a wasted costs order has been made the Court of Appeal shall notify any interested party of the order and the amount disallowed or ordered to be paid.

(6) Where the person required to make a payment in respect of sums due under a wasted costs order fails to do so, the payment may be recovered summarily as a sum adjudged to be paid as a civil debt by order of a magistrates’ court by the person benefiting from the order, save that where that person was in receipt of services funded for that person by the Legal Services Commission or an order for the payment of costs out of central funds was made in that person’s favour, the power to recover shall be exercisable by the Lord Chancellor.

Third party costs order

18.  If—

(a) there has been serious misconduct (whether or not constituting a contempt of court) by a third party; and

(b) the Court of Appeal considers it appropriate, having regard to that misconduct, to make a third party costs order against the third party

the Court of Appeal may order the third party to pay the whole of any costs incurred or wasted by any person who is a party to the appeal as a result of the misconduct or such part of them as may be determined in accordance with Chapter 4 of this Part.

Costs of attendance at any proceedings before the Court of Appeal

19.—(1) The Court of Appeal may order the payment out of central funds of such sums as appear to it to be reasonably sufficient to compensate a person who is a party to an appeal who is not in custody and who appears before it on, or in connection with, any proceedings before the Court of Appeal.

(2) Article 37 will apply for the purpose of determining the amount of any subsistence allowance or travelling expenses ordered to be paid under this article.

Costs of witnesses etc.

20.—(1) Where, in any proceedings before the Court of Appeal—

(a) a witness attends at the instance of any person who is a party to the appeal or the Court of Appeal; or

(b) an interpreter is required because of the lack of English of any person who is a party to the appeal

the expenses properly incurred by that witness or interpreter shall be allowed out of central funds in accordance with Chapter 5 of this Part, unless the Court of Appeal directs that the expenses are not to be allowed out of central funds.

(2) Any entitlement to an allowance under this article shall be the same whether the witness or interpreter attends on the same day in one case or more than one case.