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The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

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This is the original version (as it was originally made).

Appeals to the High Court

15.—(1) A representative who is dissatisfied with the decision of the taxing master on an appeal under rule 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.

(2) Subject to rule 19, an application under paragraph (1) shall be made within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(3) 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 rule 14, and the Lord Chancellor shall be a respondent to such an appeal.

(4) Subject to rule 19, an appeal under paragraph (3) shall be instituted within 21 days of receiving the certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of the taxing master on an appeal under rule 14, he may, if no appeal has been made by the representative under paragraph (3), appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.

(6) Subject to rule 19, an appeal under paragraph (5) shall be instituted within 21 days of receiving notification of the taxing master’s decision under rule 14(13).

(7) The decision of the High Court on an appeal under paragraphs (1), (3) or (5) shall be final.

(8) The judge shall have the same powers as the Commission and the taxing master under these Rules and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.

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