Consideration by Legal Costs Adjudicator of determination
Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator to confirm a charge, not to confirm a charge or to determine a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which the determination is furnished to him or her under section 157(2), apply to the Legal Costs Adjudicator for the consideration of the decision and the making of a determination.
The Legal Costs Adjudicator, having considered an application may decide—
- not to vary his or her determination, or
- to make a new determination,
and the determination shall take effect immediately.
The functions of a Legal Costs Adjudicator in relation to an application shall, insofar as practicable, be performed by the Legal Costs Adjudicator who made the determination to which the application relates.
If either party seeks a reconsideration of any decision as regards a matter or item in the bill of costs by the Legal Costs Adjudicator, or seeks a review in accordance by the Court, the relevant period shall operate from the date of the decision or determination or, as the case may be, the order of the Court. If the legal practitioner fails to take up the certificate of determination within the said period of 21 days or such extended period as is allowed, the client may take up the certificate of determination on payment of the court fee on the bill of costs and on the certificate of determination.
The application for consideration shall be in such form as may be specified in rules of court or and shall specify by a list in a short and concise form the matters or items, or parts thereof, to which the decision of the Legal Costs Adjudicator being objected to relates and the grounds and reasons for such objections and made on notice to the other party to the adjudication.
Any party who is dissatisfied with the allowance or disallowance by the Legal Costs Adjudicator of the whole or part of any item (including any special allowance) may, within the time permitted, apply to the Legal Costs Adjudicator by notice in the Form No. 4 in Part V of Appendix W forre consideration of the decision or decisions specified in the notice and for a determination under that section.
The notice shall list in a concise form the matters or items, or parts thereof, to which the decision of the Legal Costs Adjudicator being objected to relates and the grounds and reasons for such objections. A copy of the notice shall be served on the other party to the adjudication not later than 14 days before the return date assigned for the hearing of the application.
The Legal Costs Adjudicator shall, if he thinks fit, and on the application of the party entitled to the costs, issue pending the hearing of the application under section 160 of the 2015 Act an interim certificate of determination in accordance with section 160(3) of the 2015 Act. Such further certificate as may be necessary shall be issued by the Legal Costs Adjudicator after his decision on the application for consideration of the decision or decisions concerned.
On such application the Legal Costs Adjudicator shall reconsider and review his determination in accordance with the 2015 Act.
Court Review of determination of Legal Costs Adjudicator
A party to an adjudication who has made an application may, not later than 21 days after the date on which the Legal Costs Adjudicator has made his or her determination, apply to the High Court for a review of the determination concerned. The A review shall be made by motion on notice to all other parties to the adjudication and the Chief Legal Costs Adjudicator.
The court shall hear and determine the review on the evidence that was tendered to the Legal Costs Adjudicator unless the court orders that other evidence be submitted.
The court shall, having heard the review confirm the determination of the Legal Costs Adjudicator, or allow the review and—
- remit the matter to the Legal Costs Adjudicator to determine the adjudication
- in accordance with the decision of the court, or
- substitute its own determination for that of the Legal Costs Adjudicator.The High Court shall allow a review only where it is satisfied that the Legal Costs Adjudicator has, in his or her determination, erred as to the amount of the allowance or disallowance so that the determination is unjust.
An application to the Court under section 161(1) of the 2015 Act shall be made by motion on notice to the persons specified in section 161(2) of the 2015 Act. The notice of motion shall be filed in the Central Office and a copy thereof filed in the Office of the Legal Costs Adjudicators. The motion shall be heard and determined by the Court on the evidence brought in before the Legal Costs Adjudicator, and no further evidence shall be received on the hearing thereof, unless the Court otherwise directs.
The party seeking a review of the determination shall produce for the Court duly certified copies of the original bill of costs, notice of application for further consideration and submissions in support of that application and any replying submissions and any other material documents.
After the determination by the Court the matter shall, where necessary, be remitted to the Legal Costs Adjudicator to complete the adjudication in accordance with the decision of the Court and, where necessary, to issue a final certificate of determination.
If the bill of costs or any part thereof is remitted to the Legal Costs Adjudicator for further adjudication, any party may upon such further adjudication apply for a consideration of the further adjudication and the provisions of this rule shall apply to such further adjudication as on the original adjudication.