The Armed Forces Proceedings (Costs) Regulations 2005

Appeals

5.—(1) Any person against whom a court makes an order under regulation 3 and any legal or other representative against whom a wasted costs order is made may appeal—

(a) in the case of an order made by a court-martial, to the Courts-Martial Appeal Court, and

(b) in the case of an order made by a summary appeal court or a Standing Civilian Court, to the High Court in England and Wales.

(2) In the following paragraphs any person or legal or other representative who appeals under paragraph (1) is referred to as “the appellant”.

(3) Subject to paragraph (5), an appeal shall be instituted, within 21 days of the order under regulation 3 or the wasted costs order being made, by the appellant giving notice in writing to the court administration officer of the court which made the order, stating the grounds of appeal.

(4) The appellant shall serve a copy of the notice of appeal and grounds, including any application for an extension of time in which to appeal, on any interested party.

(5) The time limit within which an appeal may be instituted may, for good reason, be extended before or after it expires—

(a) in the case of an appeal to the Courts-Martial Appeal Court, by a judge of that court;

(b) in the case of an appeal to the High Court in England and Wales, by a judge of that court;

and in each case the court to which the appeal is made (“the appeal court”) shall give notice of the extension to the appellant, the court administration officer of the court which made the order under regulation 3 or the wasted costs order appealed against and any interested party.

(6) The appeal court shall give notice of the hearing date to the appellant, the court administration officer of the court which made the order under regulation 3 or the wasted costs order and any interested party and shall allow the interested party to make representations which may be made orally or in writing.

(7) The appeal court may affirm, vary or revoke the order as it thinks fit and shall notify its decision to the appellant, any interested party and the court administration officer of the court which made the order.