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The Criminal Defence Services (Remuneration) Order (Northern Ireland) 2016

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Review by the Taxing Master

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13.—(1) Where a representative is dissatisfied with the amount of the remuneration allowed by the Taxing Master under Article 10, the representative may apply to the Master to review that decision.

(2) Subject to Article 15, the application under paragraph (1) for a review of the Taxing Master’s decision under Article 10 must be made within 21 days of receipt of that decision or within such other period as may be fixed by the Master.

(3) Every applicant for review under this Article must at the time of making the application –

(a)deliver to the Taxing Master the applicant’s objections in writing specifying separately in relation to the items to be reviewed, the amount claimed for those items, the amount allowed and the grounds of objection to the amount allowed;

(b)indicate in writing whether the applicant wishes to appear or to be represented at the review or whether they will accept a decision given in their absence.

(4) A review under this Article shall be carried out by the Taxing Master.

(5) The Taxing Master may require the applicant to provide any further information which the Master requires for the purposes of the review and, unless the Master otherwise directs, no further evidence shall be received on the hearing of a review and no ground of objection shall be valid which was not specified in the application under paragraph (3).

(6) On a review under this Article, the Taxing Master may –

(a)confirm or vary the amount of remuneration allowed to the representative under Article 10, and may increase or reduce that amount to such extent as the Master thinks fit; and

(b)allow the applicant a sum in respect of part or all of any reasonable costs incurred by the applicant in connection with the review.

(7) The Taxing Master shall communicate the decision on a review to the applicant in writing and shall state the reasons for that decision by reference to the objections and any special circumstances or facts relevant to it.

(8) The Taxing Master shall also communicate the decision on the review and the reasons for it to the Department and shall send to the Department copies of such documents as the Department may require.

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