(This note is not part of the Order)
These Regulations provide for the procedures for the determination of sums to be paid by the Secretary of State where the Court Martial Appeal Court (“the Court”) direct the payment by him of costs to a successful appellant but do not fix the sums to be paid. The Regulations also provide for the review of such determinations.
Regulation 2 provides that the Regulations only apply to proceedings in the Court arising on or after 1st October 2012.
Regulation 4 lays down procedures for determinations by the registrar of the Court fixing the sums to be paid by the Secretary of State.
Regulation 5 requires the appellant to submit receipts and other evidence within 3 months of the date of the direction and to submit any further particulars, information and documents that the registrar may require.
Regulation 6 requires the registrar to notify the appellant of the sums fixed.
Regulation 7 provides for a redetermination by the registrar of the sums fixed, where the appellant is dissatisfied with the registrar’s decision. The registrar is able to increase, decrease or confirm the sums fixed under the determination. If, following a redetermination, the appellant remains dissatisfied he may appeal to a costs judge in accordance with regulation 8.
Under that regulation, the costs judge has the same powers as the registrar under the Regulations.
Under regulation 9, if the appellant is dissatisfied with the decision of the costs judge, the appellant may apply to a costs judge to certify a point of principle of general importance and, if such certification is given, the appellant may appeal to the High Court against the decision of the costs judge. Regulation 9 also provides for the Lord Chancellor to appeal to the High Court where he is dissatisfied with the decision of the costs judge under regulation 8 and the appellant has not appealed to the High Court.
Regulation 10 provides for the extension of time limits laid down in the Regulations.