The Criminal Procedure Rules 2020

Appeal to a High Court judge

45.13.—(1) This rule applies where—

(a) a costs judge has determined an appeal under rule 45.12; and

(b) either party wants to appeal against the amount allowed.

(2) A party who wants to appeal—

(a) may do so only if a costs judge certifies that a point of principle of general importance was involved in the decision on the review; and

(b) must apply in writing for such a certificate and serve the application on—

(i) the costs judge, and

(ii) the other party

not more than 15 business days after service of the decision on the review.

(3) That party must—

(a) appeal to a judge of the High Court attached to the Queen’s Bench Division as if it were an appeal from the decision of a master under Part 52 of the Civil Procedure Rules 1998(1); and

(b) serve the appeal not more than 15 business days after service of the costs judge’s certificate under paragraph (2).

(4) A High Court judge—

(a) may extend a time limit under this rule even after it has expired;

(b) has the same powers and duties as a costs judge under rule 45.12; and

(c) may hear the appeal with one or more assessors.

[Note. See also section 70 of the Senior Courts Act 1981(2).]

(1)

S.I. 1998/3132.

(2)

1981 c. 54. The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).