From any decision of a Costs Judge (including decisions made on an appeal from a costs officer) permission to appeal is required. The general test for permission is whether the appeal has any real prospect of success. The permission should normally be sought orally at the time of the hearing. If refused, or if not sought then, the intending appellant must include an application for permission in its appellant’s notice.
In order to bring a further appeal to the Court of Appeal from the decision of a High Court Judge or Circuit Judge permission is required from the Court of Appeal (CPR 52.3). The general test for permission in such a case is whether the appeal would have a real prospect of success and raise an important point of principle or practice or whether there is some other compelling reason for the Court of Appeal to hear it.
Permission to appeal may limit the issues which may be raised on the appeal and may be made subject to conditions.
The Costs Judge, upon hearing an application for permission to appeal against his or her judgment should state in the judgment or order:
(a) whether the court gives permission to appeal; and
(b) to which appeal court an appeal lies from the judgment or order;
(c) if permission is refused, the appropriate appeal court to which any further application for permission may be made and the level of judge who should hear the application.
Where permission is refused, the Costs Judge will either record the above information in an order following the hearing or will complete form N460 setting out the reasons for refusal. The form N460 will either be handed to the appellant at the hearing, if completed at the time, or will be retained on the court file pending an appeal to the appellate court.