5. COSTS
5.1 Where a petition for leave to appeal is determined
without an oral hearing, costs may be awarded as follows:
(a) to a publicly funded or legally aided petitioner,
reasonable costs incurred in preparing papers for the Appeal Committee[33];
(b) to a publicly funded or legally aided respondent,
only those costs necessarily incurred in attending the client,
attending the petitioner's agents, perusing the petition, entering
appearance and, where applicable, preparing respondent's objections
to the petition [34];
(c) to an unassisted respondent where the petitioner
is publicly funded or legally aided, payment out of the Community
Legal Service Fund (pursuant to s 11 of the Access to Justice
Act 1999[35])
of costs as specified at (b) above;
(d) to a respondent where neither party is publicly
funded or legally aided, costs as specified at (b) above.
Where costs are sought under (c) or (d) above, the
application may be made by letter addressed to the Judicial Office
or may be included in a bill of costs lodged in the Judicial Office
conditional upon the application being granted.
5.2 Where a petition for leave to appeal is referred
for an oral hearing and is dismissed, application for costs must
be made by the respondent at the end of the hearing. No order
for costs is made unless requested at that time.
5.3 Where a petition for leave to appeal is allowed,
costs of the petition become costs in the appeal.
5.4 Bills of costs for taxation must be lodged
within three months from the date of the decision of the Appeal
Committee or the date on which a petition for leave is withdrawn
in accordance with direction 45.1. If an extension of the three
month period is desired, application must be made in writing to
the Taxing Officer and copies of all such correspondence sent
to all interested parties. In deciding whether to grant an application
for an extension of time made after the expiry of the three month
period, the Taxing Officer takes into account the circumstances
set out in the practice directions applicable to judicial taxations.
5.5 The practice directions relating to judicial
taxations and forms of bills of costs are available from the Judicial
Office and on the internet at www.parliament.uk. Fees are payable
on taxation of a bill of costs.
Withdrawal of
petitions for leave to appeal
5.6 See direction 45.1.
33 See Practice directions applicable to judicial
taxations in the House of Lords and forms of bills of costs,
available on request from the Judicial Office and on the parliamentary
website at www.parliament.uk. Back
34
Ibid. Back
35
Also pursuant to r 5(2) Community Legal Service (Cost Protection)
Regulations 2000 and in accordance with the procedural requirements
of rr 9, 10 Community Legal Service (Costs) Regulations 2000 (as
amended); or Legal Aid Act 1988 s 18; or in Scotland pursuant
to Legal Aid (Scotland) Act 1986 s 19; or in Northern Ireland
pursuant to Legal Aid Advice and Assistance (N.I.) Order 1981
Article 16. Back
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