The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

Determination of a third party costs order

29.—(1) The Court of Appeal may make a third party costs order—

(a) subject to paragraph (3), at any time during or after the proceedings before the Court of Appeal; and

(b) on the application of any person who is a party to the appeal or of its own initiative.

(2) The Court of Appeal shall make a third party costs order during the proceedings before the Court of Appeal only if it decides that there are good reasons to do so, rather than making the order after the proceedings before the Court of Appeal, and it shall notify the persons who are parties to the appeal and the third party of those reasons and allow any of them to make representations.

(3) Before making a third party costs order the Court of Appeal shall allow the third party and any person who is a party to the appeal to make representations and may hear evidence.

(4) When making a third party costs order the Court of Appeal may take into account any other order as to costs which has been made in respect of the proceedings before the Court of Appeal and may take the third party costs order into account when making any other order as to costs in respect of those proceedings.

(5) The amount to be paid in pursuance of a third party costs order shall be specified in the order.

(6) When a third party costs order has been made the Court of Appeal shall notify the third party and any interested party of the order and the amount ordered to be paid.