The Pensions Regulator Tribunal (Legal Assistance Scheme – Costs) Regulations 2005

Appeals to the High Court

21.—(1) A representative who is dissatisfied with the decision of the costs judge on an appeal under regulation 20 may apply to the costs judge to certify a point of principle of general importance.

(2) Subject to regulation 22, an application under paragraph (1) shall be made within 21 days of notification of the costs judge’s decision under regulation 20(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 the costs judge on an appeal under regulation 20, and the Lord Chancellor shall be a respondent to such an appeal.

(4) Subject to regulation 22, an appeal under paragraph (3) shall be brought within 21 days of receipt of the costs judge’s certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of the costs judge on an appeal under regulation 20, he may, if no appeal has been made by the representative under paragraph (3) appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(6) Subject to regulation 22, an appeal under paragraph (5) shall be brought within 21 days of receipt of notification of the costs judge’s decision under regulation 20(13).

(7) An appeal under paragraph (3) or (5) shall—

(a) be brought in the Queen’s Bench Division of the High Court;

(b) follow the procedure set out in—

(i) in England and Wales, in Part 52 of the Civil Procedure Rules 1998(1);

(ii) in Northern Ireland, in Order 62 of the Rules of the Supreme Court (Northern Ireland) 1980(2); and

(c) 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 the costs judge under these Regulations and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

(1)

S.I. 1998/3132 (L.17).

(2)

S.R. 1980 No. 346; to which relevant amendments were made by S.R. 1992 No. 399, S.R. 1996 No. 283 and S.R. 2001 No. 254.