Seeking a redetermination of costs
What to do if you disagree with the costs allowed by the NTT
In the Crown Court
Determination of costs under the Funding Order or the Costs in Criminal Cases Regulations is a judicial process. So far as Crown Court costs are concerned, the Costs Judges have said: "What is required is the delivery of the bill for taxation. This should then be taxed and returned to the solicitors who, under the provisions of the Regulations, may make detailed representations showing the items with which they are dissatisfied and asking for a review. The taxing officer then notifies them whether or not he is prepared to increase his allowance and if he does not, then under the regulations a request may be made for reasons, which should of course deal properly with each point raised in the application for a review. The process of taxation is a judicial act and is neither a gladiatorial contest nor a bargaining process."
The requirements of both the Funding Order (for costs under a representation order) and the Costs in Criminal Cases Regulations (for private costs out of central funds under a Defendants Costs Order) are similar:
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a request for redetermination must be lodged with the NTT within 21 days of notification of the costs allowed
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the request must specify the items at issue and the grounds of objection
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the request must be accompanied by the relevant documents and information
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the request must state whether or not the applicant wishes to make oral representations in support
It must be emphasised that a request to make oral submissions is not a substitute for a proper written notice.
A proper written notice must be received in all cases, and must be signed personally by the applicant. If an applicant make a request to make oral submissions to the Determining Officer in support of the written notice, the Determining Officer will make arrangements for those representations to be heard.
The written submissions should deal with each item in the claim for for costs which is disputed and should state concisely the nature and grounds of the dispute. It is worth taking time and trouble in drafting these submissions since they identify the issues which the Determining Officer is required to decide. Relevant documents only should be included with the request, and the Determining Officer should be referred to the appropriate page or paragraph or item numbers.
It is proper for a practitioner to request that errors or omissions in their original claim be rectified, and this will be dealt with in the exercise of the Determining Officer 's discretion.
It should be borne in mind that the consequences of not making proper submissions at this stage may be unhelpful to the redetermination and possibly fatal to any proposed appeal to the Costs Judges, who have dismissed appeals soley on that basis. The regulations do allow practitioners to raise material before the Costs Judge which has not been raised before the determining officer, but this discretion is only exercised in exceptional circumstances.
If you are submitting a request out of time, or need to seek an extension of time in which to submit an application for redetermination, please see here.
After considering the written notice and any oral submissions, the Determining Officer may increase or decrease the costs allowed, or confirm the original decision.
It should be noted that the Costs Judges have held that "Once the taxing officer had reviewed his taxation all that the appellants could do was to request reasons as a preliminary to an appeal to the chief taxing master. It was neither in accordance with the regulations nor desirable that solicitors should attempt to press further submissions on the taxing officer and reduce a judicial process to one of attempted negotiation by correspondence."
An applicant has a period of 21 days after being informed of the outcome of the redetermination to request written reasons from the Determining Officer. Such a request must be signed personally by the applicant. As to how we will do with requests made out of time, please see here. Guidance on making an appeal to the Costs Judge will be found here.In the Magistrates Court
The Costs in Criminal Cases (General) Regulations 1986 do not make provision for redetermination of costs out of central funds incurred in the Magistrates Courts. However, it is the intention of the NTT to continue the previous practice of the Magistrates Courts and allow within the discretion of determining officers an informal scheme of review of amounts allowed. Such reviews will be conducted within the general framework of a redetermination as set out above, and in particular within the same time limits. However where matters remain at issue appeal to the Costs Judge is not available.