Appeals
Crime lower
1Criminal Bills Assessment Manual (CBAM) 4; Standard Crime Contract (SCC) A8.19–8.47).9.1An appeal from an initial assessment lies to an Independent Costs Assessor, in writing within 28 days of notification of the assessment decision. An extension of 14 days may be granted if sought within 21 days of that notification if there are reasonable grounds.
2SCC A8.20.9.2If the LAA makes representations to the Assessor, a reply should be sent within 14 days.
3SCC A8.22. Assessors normally consider the papers in writing but there can be oral representations in limited circum-stances.
4SCC A8.23. It should be remembered that the review may result in a decrease as well as an increase in the amount payable.
5SCC A8.28.9.3Within 21 days of the receipt of the decision of the Costs Assessor, the Assessor and either party may apply for certification of a point of principle of general importance. The decision on that application for certification is made by the LAA’s legal director and if the application is granted the matter will be considered by the Costs Appeals Committee.
6SCC A8.30–8.38.Crown Court cases
7Criminal Legal Aid (Remuneration) Regulations (‘Remuneration Regulations’) 2013 SI No 435 regs 28–30. See Crown Court Fees Guidance (CCFG) 1.28–1.30.9.4If a practitioner is dissatisfied with the decision of the determining officer an application should be made within 21 days of receipt of the decision for a redetermination.
8Remuneration Regulations 2013 reg 28. If the result remains unsatisfactory an application should be made within 21 days of the receipt of the redetermination for written reasons for the decision. It is important that all relevant issues are raised in the application as only the matters set out can be pursued further.
9Remuneration Regulations 2013 regs 28(3)(b) and 29(5).9.5An appeal then lies
10Remuneration Regulations 2013 reg 29. to the Senior Courts Costs Office (SCCO), within 21 days from the receipt of the written reasons. The appeal follows the procedure set out in Part 45 of the Criminal Procedure Rules. A form (Appellant’s notice (criminal costs appeal to a costs judge)) is prescribed.
9.6There is a final appeal to the High Court.
11Remuneration Regulations 2013 reg 30. This requires a certificate that a point of principle of general importance is involved. Applications should be made to the Senior Courts Costs Office (SCCO) within 21 days of the receipt of the decision of the costs judge; and the appeal must then be lodged within 21 days of the receipt of the certificate.
9.7Proceedings in the SCCO and the High Court are civil and costs follow the event. Private client rates apply. Only in the most significant cases is the LAA represented before the costs judge.
Court of Appeal
9.8Remuneration Regulations 2013 Sch 3 contains provisions in paragraph 11 in relation to costs appeals. There is a process of redetermin-ation and appeal to the costs judge as in Crown Court cases.