OpenLegislation

Paragraph 8 Re-determinations and appeals

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

(1)

A solicitor may appeal to a Costs Judge where he is dissatisfied with:

(a)

a decision on a re-determination under paragraph 6; or

(b)

a decision on a review under paragraph 7.

(2)

Where a solicitor appeals to a Costs Judge in respect of a decision under paragraph 6, the Costs Judge shall determine the fees for preparation within the meaning of paragraph 4(2)(a) and if the fees so determined are:

(a)

less than the lower fee limit, the lower standard fee shall be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 4(2);

(b)

not less than the lower fee limit and not more than the upper fee limit, the principal standard fee shall be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 4(2);

(c)

more than the upper fee limit, the fees for all classes of work shall be determined by the Costs Judge in accordance with paragraph 12 of Schedule 1.

(3)

Where a solicitor appeals to a Costs Judge in respect of a decision made on a review under paragraph 7, the Costs Judge shall allow whichever standard fee he considers to be apt for the type of work done or, as the case may be, re-apply the provisions of paragraph 4(4) to (12).

(4)

Where a Costs Judge allows an appeal in whole or in part, he may allow the solicitor a sum in respect of part or all of any reasonable costs (including any fee payable in respect of the appeal) incurred by him in connection with the appeal.

(5)

This paragraph only applies to appeals in proceedings for which standard fees are payable and the provisions of paragraph 21 of Schedule 1 shall apply to appeals in proceedings for which standard fees are not payable.

(6)

Subject to the foregoing provisions of this paragraph, the provisions of paragraphs 21 to 23 of Schedule 1 relating to appeals by solicitors shall apply with the necessary modifications to appeals in proceedings for which standard fees are payable under this Part of this Schedule as they apply to appeals in proceedings for which standard fees are not payable.