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The Civil Legal Services (Remuneration) Order (Northern Ireland) 2015

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Appeals to the High Court

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15.—(1) This Article applies only to claims in respect of proceedings to which Schedule 4 applies and the remuneration payable has been determined by the Department under Article 5(1).

(2) A representative who is dissatisfied with the decision of the taxing master on an appeal under Article 14 may apply to the taxing master to certify a point of principle of general importance; provided that, if the taxing master refuses such application, the representative may renew the application before a judge of the High Court.

(3) Subject to Article 17, an application under paragraph (2) shall be made within 21 days of receiving notification of the taxing master’s decision under Article 14(14).

(4) Where the taxing master or judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of the taxing master on an appeal under Article 14, and the Department shall be a respondent to such an appeal.

(5) Subject to Article 17, an appeal under paragraph (4) shall be instituted within 21 days of receiving the certificate under paragraph (2).

(6) Where the Department is dissatisfied with the decision of the taxing master on an appeal under Article 14, it may, if no appeal has been made by the representative under paragraph (4), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(7) Subject to Article 17, an appeal under paragraph (6) shall be instituted within 21 days of receiving notification of the taxing master’s decision under Article 14(14).

(8) The decision of the High Court on an appeal under paragraphs (2), (4) or (6) shall be final.

(9) The judge shall have the same powers as the Department and the taxing master under this Order and may reverse, affirm or amend the decision appealed against or make such other order as the judge thinks fit.

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