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Regulation 11 Appeals to the High Court

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An applicant who is dissatisfied with the decision of a taxing master on an appeal under regulation 10 may apply to a taxing master to certify a point of principle of general importance.

(2)

Subject to regulation 12, an application under paragraph (1) shall be made within 21 days of notification of a taxing master's decision under regulation 10(13).

(3)

Where a taxing master certifies a point of principle of general importance, the applicant may appeal to the High Court against the decision of a taxing master on an appeal under regulation 10, and the Lord Chancellor shall be a respondent to the appeal.

(4)

Subject to regulation 12, an appeal under paragraph (3) shall be instituted within 21 days of receiving a taxing master's certificate under paragraph (1).

(5)

Where the Lord Chancellor is dissatisfied with the decision of a taxing master on an appeal under regulation 10 he may, if no appeal has been made by the applicant under paragraph (3), appeal to the High Court against that decision and the applicant shall be a respondent to the appeal.

(6)

Subject to regulation 12, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the taxing master's decision under regulation 10(13).

(7)

An appeal under paragraphs (3) and (5) shall be instituted by an originating summons in the Queen's Bench Division and shall be heard and determined by a single judge whose decision shall be final.

(8)

The judge shall have the same powers as the appropriate authority and a taxing master under these Regulations and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.