Article 3 Appeals

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

rule 3(2) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 121
rule 3(4) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 121
rule 3(5) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 121
rule 3(6) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 121

(1)

A legal or other representative against whom a wasted costs order is made may appeal to the Crown Court.

(2)

Subject to paragraph (4) below, an appeal shall be instituted within 21 days of the wasted costs order being made by the appellant giving notice in writing to the justices' clerk of the court which made the order, stating the grounds of appeal.

(3)

The appellant shall, as soon as practicable after instituting the appeal, serve a copy of the notice and grounds of appeal, including any application for an extension of the time in which to appeal granted under paragraph (4) below, on any interested party.

(4)

The time limit within which an appeal may be instituted may, for good reason, be extended before or after it expires by a judge of the Crown Court and, where it is so extended, the court to which the appeal is made shall give notice of the extension to the appellant, the justices' clerk of the court which made the wasted costs order and any interested party.

(5)

The court to which the appeal is made shall give notice of the hearing date to the appellant, the justices' clerk of the court which made the wasted costs order and any interested party and shall allow the interested party to make representations either orally or in writing.

(6)

The court hearing the appeal may affirm, vary or revoke the order as it thinks fit and shall notify its decision to the appellant, any interested party and the justices' clerk of the court which made the order.