The Rules regarding the review of a Costs Officer’s decision in the JCPC differ slightly from the Rules of the Supreme Court but they are set out separately below for ease of reference.

The provisions for review of a Costs Officer’s decision in the Supreme Court are governed by paragraph 12 of Practice Direction 13. Any party to an assessment who is dissatisfied with all or part of the decision of the Costs Officers may apply in accordance with Rule 53 for that decision to be reviewed by a single justice. The application must be made in Form 2 and served on the other parties. An application may only be made on a question of principle and not in respect of the amount allowed on any sum; PD 13 at 12.2. It must be made within 14 days of the end of the Detailed Assessment or such longer period as may be fixed by the Court. The application must also include written submissions stating concisely the grounds of the objections and must be served on the other parties. A party who objects to the application may, within fourteen days of service or such longer period as may be fixed by the Court, file a Notice of Objection in Form 3 which must be served on parties.

The matter is then referred to a single Justice nominated by the presiding or senior Justice who heard the appeal or application for permission to appeal. The single Justice will decide whether the matter should be referred to a panel of Justices. If the single Justice is of the opinion that the matter should not be referred to a panel, the decision of the Costs Officer is affirmed. If the matter is referred to a panel of Justices, the panel may decide the matter with or without an oral hearing and may direct a further oral hearing by the full court.

In the JCPC an application for review must be made in accordance with Rule 51 for that decision to be revised by the Judicial Committee. The application must be made in Form 2 and served on the other parties; JCPC PD 8 at 10.1. An application may only be made on a question of principle and not in respect of the amount allowed on any sum; PD 8 at 10.2. It must be made within 14 days of the end of the Detailed Assessment or such longer period as may be fixed by the Costs Officer or by the Registrar; PD 8 at 10.3. An application for review must include written submissions stating concisely the grounds of objections and must be served on the other parties; PD 8 at 10.4. A party who objects to the application may within 14 days of service file a Notice of Objection which must be served on the other parties; PD 8 at 10.5.

The matter is then referred to a member of the Board nominated by the Senior Member of the Board who heard the appeal or application for permission to appeal. The nominated member of the Board will decide whether the matter should be referred to the Judicial Committee and, before he makes a decision, he may consult the other members of the Board who heard the appeal or application. If the nominated Member of the Board is of the opinion that the matter should not be referred, the decision of the Costs Officer is affirmed.

If the matter is referred, the Judicial Committee decides the matter with or without an oral hearing.

Excerpt from the Senior Courts Costs Office Guide 2021