# The Criminal Defence Service (Funding) Order 2001, Paragraph 22: Appeals to the High Court


(1) 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.
(2) 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).
(3) 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.
(4) 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).
(5) 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.
(6) 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).
(7) 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, 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 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.

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Source: https://www.legislation.gov.uk/uksi/2001/855/schedule/1/paragraph/22 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-order-2001/schedule-1/paragraph-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

