The Legal Aid in Criminal Proceedings (Costs) Regulations 1988

Appeals to a taxing master

13.—(1) Where the appropriate authority has given its reasons for its decision under regulation 12, a solicitor or counsel who is dissatisfied with that decision may appeal to a taxing master.

(2) Subject to regulation 15, an appeal shall be instituted, within 21 days of the receipt of the appropriate authority’s reasons, by giving notice in writing to the Chief Taxing Master.

(3) The appellant shall send a copy of any notice given under paragraph (2) to the appropriate authority.

(4) The notice of appeal shall be accompanied by—

(a) a copy of the written representations given under regulation 12(2);

(b) the appropriate authority’s reasons for its decision given under regulation 12(7); and

(c) the particulars, information and documents supplied to the appropriate authority under regulation 12.

(5) The notice of appeal shall—

(a) be in such form as the Chief Taxing Master may direct,

(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of objection to the determination, and

(c) state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.

(6) The Chief Taxing Master may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the Chief Taxing Master and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the Chief Taxing Master and to the appellant and, in the case of oral representations, the Chief Taxing Master and the appellant shall be informed of the grounds on which such representations will be made.

(9) The appellant shall be permitted a reasonable opportunity to make representations in reply.

(10) The taxing master shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this regulation, may give directions as to the conduct of the appeal.

(11) The taxing master may consult the trial judge, the appropriate authority or the determining officer and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under regulation 12.

(12) The taxing master shall have the same powers as the appropriate authority under these Regulations and, in the exercise of such powers, may—

(a) alter the redetermination of the appropriate authority in respect of any sum allowed, whether by increase or decrease as he thinks fit;

(b) confirm the decision to allow standard fees under regulation 9(2) or allow fees in accordance with regulation 9(4) and (5).

(13) The taxing master shall communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the appropriate authority.

(14) Save where he confirms or decreases the sums redetermined under regulation 12 or confirms a decision to allow standard fees, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.