The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009

Appeals to the taxing master

13.—(1) Where the Commission has given reasons for its decision under rule 12, a representative who is dissatisfied with that decision may appeal to the taxing master.

(2) Subject to rule 15, an appeal shall be instituted within 21 days of receiving the Commission’s reasons, by giving notice in writing to the taxing master.

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

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

(a) the Commission’s reasons for its decision given under rule 12(1); and

(b) the particulars, information and documents supplied to the Commission under rule 6 or 8, as appropriate.

(5) The notice of appeal shall—

(a) be in such form as the taxing master may direct; and

(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination, together with any written representations which the representative wishes to make.

(6) The 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 representations to be made and, if intending to do so, the Lord Chancellor shall inform the taxing master and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the taxing master and the appellant.

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

(10) If the taxing master considers it necessary to receive oral representations, the taxing master shall inform the appellant and, where applicable, the Lord Chancellor of the date of any hearing and, subject to the provisions of this rule, may give directions as to the conduct of the appeal.

(11) The taxing master may consult the relevant judge or the Commission and may require the appellant to provide any further information required for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence may be received on the hearing of the appeal and no ground of objection shall be valid which was not raised in the notice of appeal given under paragraphs (2) and (5).

(12) The taxing master shall have the same powers as the Commission under these Rules and, in the exercise of such powers, may alter the determination of the Commission in respect of any sum allowed, whether by increase or decrease.

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

(14) Where the sums determined under rule 6, 8 or 10, as appropriate, are increased, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs incurred by the appellant in connection with the appeal (including any fee payable in respect of an appeal).

(15) The decision of the taxing master on an appeal under this rule shall be final.