The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

Redetermination of costs by Commission

13.—(1) Where a representative is dissatisfied with –

(a) the classification, under paragraph 5 of Schedule 1, of an offence not specifically listed in the Table of Offences set out in Schedule 3 but deemed to fall within Class H;

(b) the decision not to grant a Certificate of Exceptionality, or the decision as to the amount of additional funding approved under rule 8(8) and (9) or allowed under rule 8(12) and (13), or the amount of uplift allowed under rule 11(6) and (7), as applicable; or

(c) the calculation of the costs payable under Schedule 1,

he may apply to the Commission to reclassify the offence, to review the decision or to redetermine those costs as the case may be.

(2) Subject to rule 19, the application shall be made within 21 days of receiving notification of the decision or the costs payable under rule 12, as the case may be, by giving notice in writing to the Commission specifying the matters in respect of which the application is made and the grounds of objection and shall be made in such form and manner as the Commission may direct.

(3) The notice of application shall be accompanied by the particulars, information and documents supplied under rule 7 or 10, as appropriate.

(4) The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the Commission shall notify the applicant of the time at which it is prepared to hear him or his representative.

(5) The applicant shall supply such further particulars, information and documents as the Commission may require.

(6) The Commission shall –

(a) review the classification referred to in paragraph (1)(a) or the decision referred to in paragraph (1)(b), as the case may be, and confirm or vary it; or

(b) redetermine the costs, whether by way of confirmation, or increase or decrease in the amount previously determined,

in the light of the objections made by the applicant or on his behalf and shall notify the applicant of its decision.

(7) The applicant may request the Commission to give reasons in writing for its decision and the Commission shall comply with any such request.

(8) Subject to rule 19, any request under paragraph (7) shall be made within 21 days of receiving notification of the decision.

(9) The provisions of this rule shall also apply with the necessary modifications to the amount of –

(a) any further funding approved by the taxing master under rule 8(10); and

(b) any further uplift allowed by the taxing master under rule 11(8).