Paragraph 22 Appeals to the High Court

A representative who is dissatisfied with the decision of a Costs Judge on an appeal under paragraph 21 may apply to a Costs Judge to certify a point of principle of general importance.

Subject to paragraph 23, an application under sub-paragraph (1) shall be made within 21 days of notification of a Costs Judge’s decision under sub-paragraph 21(13).

Where a Costs Judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of a Costs Judge on an appeal under paragraph 21, and the Lord Chancellor shall be a respondent to such an appeal.

Subject to paragraph 23, an appeal under sub-paragraph (3) shall be instituted within 21 days of receiving a Costs Judge’s certificate under sub-paragraph (1).

Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under paragraph 21, he may, if no appeal has been made by the representative under sub-paragraph (3), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

Subject to paragraph 23, an appeal under sub-paragraph (5) shall be instituted within 21 days of receiving notification of the Costs Judge’s decision under paragraph 21(13).

An appeal under sub-paragraph (3) or (5) shall be brought in the Queen’s Bench Division, follow the procedure set out in Part 8 of the Civil Procedure Rules 1998^f1, and shall be heard and determined by a single judge whose decision shall be final.

The judge shall have the same powers as the appropriate officer and a Costs Judge under this Schedule and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.