Regulation 52 Review of, and appeal against, costs notices

(1)

A person to whom a costs notice has been issued may—

(a)

require the Secretary of State to review a relevant decision^f1, and

(b)

if not satisfied with the outcome of the review, appeal against the relevant decision in accordance with paragraph (5).

(2)

The grounds on which a review may be required or an appeal brought are—

(a)

in the case of a decision as to the amount of the costs, that the amount includes any amount referable to any costs unnecessarily incurred;

(b)

that the decision was based on an error of fact;

(c)

that the decision was wrong in law;

(d)

that the decision was unreasonable for any other reason.

(3)

A review under paragraph (1)(a) must be requested in writing within 28 days beginning with the day the costs notice is issued.

(4)

On review of a costs notice, the Secretary of State must—

(a)

decide whether to uphold, vary or revoke the costs notice;

(b)

give notice to the person who requested the review, within a reasonable period, setting out—

(i)

the Secretary of State’s decision, and

(ii)

the reasons for that decision;

(c)

where relevant, inform the person of the right to appeal to the First-tier Tribunal.

(5)

An appeal under paragraph (1)(b) must be made to the First-tier Tribunal before the end of the period of 28 days beginning with the day on which the review decision is made pursuant to paragraph (1)(a).

(6)

The operation of any costs notice is suspended where an appeal is brought under this regulation pending the outcome of the appeal.

Annotations

Footnotes

f1: “Relevant decision” is defined in section 38(6) of the Act.