The Lord Chancellor has a right of appeal against any decisions adverse to the Legal Aid Fund or Central Funds and in those cases no leave from the Costs Judge is required.
In other cases, whether Central Funds or legal aid cases, a further, and final, appeal is possible where the Costs Judge has certified that a point of principle of general importance is involved. It is necessary to apply within 21 days of receipt of the Costs Judge’s written reasons for a certificate to be granted by him and, in accordance with the Criminal Costs Practice Direction, the form of certificate sought should wherever possible be submitted with the application.
If the Costs Judge grants a certificate, the appeal lies to a Judge of the High Court, Queen’s Bench Division, who will normally sit with an assessor.
If the Costs Judge refuses a certificate no further appeal is possible.
The decision of the High Court Judge is final, and no further appeal is permitted.