Section 31 Costs of successful appeal.C1
United Kingdom
Where the Appeal Court allow an appeal F1... they may if they think fit, direct the payment by the Secretary of State of costs to the appellant.
The costs which may under this section be directed to be paid are such sums as appear to the Appeal Court reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the F2proceedings (in the Appeal Court and below).F3, subject to subsection (3), section 31A and regulations under section 33B(1)(d).
Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.
The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—
the appellant agrees the sums, or
subsection (3) applies.
Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—
they must describe in the direction any reduction required under subsection (3), and
the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.
Annotations
Textual amendments
- F1
Words in s. 31(1) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
- F2
Words in s. 31(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 33; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F3
Words in s. 31(2) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
- F4
S. 31(3)-(5) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
Modifications
- C1
S. 31 applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 123
Notes on Part II
Textual amendments
- F1
Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4