PART 3 Costs of appeals in the Court of Appeal: England and Wales

CHAPTER 3 Appeal costs orders: procedure

21 Person who is to determine costs
1 Costs under an appeal costs order shall be determined by the registrar in accordance with this Chapter.
2 The registrar may appoint or authorise the appointment of determining officers to act on the registrar’s behalf under this Chapter in accordance with directions given by the registrar or on the registrar’s behalf.

22 Claims for costs
1 Subject to article 28, no claim for costs shall be entertained unless it is submitted within three months of the date on which the appeal costs order was made.
2 Subject to paragraph (3), a claim for costs shall be submitted to the registrar, in such form and manner as the registrar may direct and shall be accompanied by receipts or other evidence of the applicant’s payment of the costs claimed, and any receipts or other documents in support of any disbursements claimed.
3 A claim shall—
(a) summarise the items of work done by a solicitor;
(b) state, where appropriate, the dates on which items of work were done, the time taken and the sums claimed; and
(c) specify any disbursements claimed, including counsel’s fees, the circumstances in which they were incurred and the amounts claimed in respect of them.
4 Where there are any special circumstances which should be drawn to the attention of the registrar, the applicant shall specify them.
5 The applicant shall supply such further particulars, information and documents as the registrar may require.

23 Determination of costs
1 The registrar shall consider the claim, any further particulars, information or documents submitted by the applicant under article 22 and shall allow such costs in respect of—
(a) such work as appears to the registrar to have been actually and reasonably done; and
(b) such disbursements as appear to the registrar to have been actually and reasonably incurred
as the registrar considers reasonably sufficient to compensate the applicant for any expenses properly incurred by the applicant in the proceedings before the Court of Appeal.
2 In determining costs under paragraph (1) the registrar shall take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.
3 When determining costs for the purpose of this article, there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the registrar may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the applicant.

24 Payment of costs
1 When the registrar has determined the costs payable to an applicant in accordance with this Chapter, the registrar shall notify the applicant of the costs payable and authorise payment accordingly.
2 Where the costs payable under paragraph (1) are varied as a result of a re-determination under article 25, an appeal to a costs judge under article 26, or an appeal to the High Court under article 27, then—
(a) where the costs are increased, the registrar shall authorise payment of the increase;
(b) where the costs are decreased, the applicant shall repay the amount of such decrease; and
(c) where the payment of the costs of an appeal is ordered under article 26(14) or 27(8), the registrar shall authorise such payment to the applicant.

25 Re-determination of costs by the registrar
1 An applicant who is dissatisfied with the costs determined under this Chapter by the registrar may apply to the registrar to re-determine them.
2 Subject to article 28, the application shall be made within 21 days of the receipt of notification of the costs payable under article 24(1), by giving notice in writing to the registrar specifying the items in respect of which the application is made and the grounds of objection and shall be made in such form and manner as the registrar may direct.
3 The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the registrar shall notify the applicant of the time of a hearing to hear the applicant or the applicant’s representative.
4 The notice of application shall be accompanied by any particulars, information and documents supplied under article 22 and the applicant shall supply such further particulars, information and documents as the registrar may require.
5 The registrar shall re-determine the costs, whether by way of increase, decrease or at the level previously determined, in the light of the objections made by the applicant or on the applicant’s behalf and shall notify the applicant of the decision.
6 The applicant may request the registrar to give reasons in writing for the decision and, if so requested, the registrar shall comply with the request.
7 Subject to article 28, any request under paragraph (6) shall be made within 21 days of receiving notification of the decision.

26 Appeals to a costs judge
1 Where the registrar has given the reasons for the decision on a re-determination under article 25, an applicant who is dissatisfied with that decision may appeal to a costs judge.
2 Subject to article 28, an appeal shall be instituted within 21 days of the receipt of the registrar’s reasons by giving notice in writing to the Senior Costs Judge specifying the items in respect of which the appeal is brought and the grounds of objection.
3 The appellant shall send a copy of any notice given under paragraph (2) to the registrar.
4 The notice of appeal shall be accompanied by—
(a) a copy of the written notice given under article 25(2);
(b) any particulars, information and documents supplied to the registrar under article 25; and
(c) the registrar’s reasons for the decision given under article 25(6).
5 The notice of appeal shall state whether the appellant wishes to appear or to be represented or whether the appellant will accept a decision given in the absence of the appellant.
6 The Senior Costs Judge 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 behalf of the Lord Chancellor and, if the Lord Chancellor intends to do so, the Lord Chancellor shall inform the Senior Costs Judge and the appellant.
8 Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the Senior Costs Judge and to the appellant and, in the case of oral representations, the Senior Costs Judge 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 costs judge shall inform the appellant (or the appellant’s representative) and the Lord Chancellor, where representations have been or are to be made on the Lord Chancellor’s behalf, of the date of any hearing and, subject to the provisions of this article, may give directions as to the conduct of the appeal.
11 The costs judge may consult the presiding judge, and the registrar or the determining officer who re-determined the costs on the registrar’s behalf as the case may be, and may require the appellant to provide any further information which the costs judge requires for the purpose of the appeal and, unless the costs judge 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 on the re-determination under article 25.
12 The costs judge shall have the same powers as the registrar under this Chapter and, in the exercise of such powers, may alter the re-determination of the registrar in respect of any sum allowed, whether by increase or decrease, as the costs judge thinks fit.
13 The costs judge shall communicate the decision and the reasons for it in writing to the appellant, the Lord Chancellor, and the registrar or the determining officer who re-determined the costs on the registrar’s behalf as the case may be.
14 Save where the costs judge confirms or decreases the sums re-determined under article 25, the costs judge 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 the appellant in connection with the appeal.

27 Appeals to the High Court
1 An applicant who is dissatisfied with the decision of a costs judge on an appeal under article 26 may apply to the costs judge to certify a point of principle of general importance.
2 Subject to article 28, an application under paragraph (1) shall be made within 21 days of notification of a cost judge’s decision under article 26(13).
3 Where a costs judge certifies a point of principle of general importance, the applicant may appeal to the High Court against the decision of a costs judge on an appeal under article 26, and the Lord Chancellor shall be a respondent to the appeal.
4 Subject to article 28, an appeal under paragraph (3) shall be instituted within 21 days of receiving a cost judge’s certificate under paragraph (1).
5 Where the Lord Chancellor is dissatisfied with the decision of a costs judge on an appeal under article 26 the Lord Chancellor may, if no appeal has been made by the applicant under paragraph (3), appeal to the High Court against that decision and the applicant shall be a respondent to the appeal.
6 Subject to article 28, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the cost judge’s decision under article 26(13).
7 An appeal under paragraph (3) or (5) shall be brought in the Queen’s Bench Division, follow the procedure set out in Part 52 of the Civil Procedure Rules 1998, and shall be heard and determined by a single judge whose decision shall be final.
S.I. 1998/3132.
8 The judge shall have the same powers as the registrar and a costs judge under this Chapter and may reverse, affirm or amend the decision appealed against or make such other order as the judge thinks fit.

28 Time limits
1 Subject to paragraph (2), the time limit within which there must be made or instituted—
(a) a claim for costs by an applicant under article 22, an application for a re-determination under article 25, or a request for the registrar to give reasons for a decision on a re-determination under article 25;
(b) an appeal to a costs judge under article 26 or an application for a certificate under article 27(1); or
(c) an appeal to the High Court under article 27;
may, for good reason, be extended by the registrar, the Senior Costs Judge or the High Court, as the case may be.
2 Where an applicant without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the registrar, the Senior Costs Judge or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that the costs shall not be reduced unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.
3 An applicant may appeal to the Senior Costs Judge against a decision made under this article by a registrar and such an appeal shall be instituted within 21 days of the decision being given by giving notice in writing to the Senior Costs Judge specifying the grounds of appeal.