Legal Services Regulation Act 2015

140.

Register of determinations

140. (1) The Chief Legal Costs Adjudicator shall ensure that a register of determinations is established and maintained in relation to applications for adjudication of legal costs under this Part.

(2) Subject to this section, the register of determinations shall contain the following particulars in relation to each application:

(a) the date of the receipt by the Office of the application;

(b) the names of the parties to the adjudication;

(c) the date of receipt by the Office of the bill of costs and each other document in connection with the application, including, if the application arises from contentious business, the title of the proceedings and record number of the proceedings (if any);

(d) the date on which the adjudication is assigned and, where the adjudication is assigned to a Legal Costs Adjudicator, the Legal Costs Adjudicator to whom the adjudication is assigned;

(e) the outcome of determination made under section 157(1) and the dates on which it was made and on which the notice of it was furnished to the parties;

(f) where a party applies under section 160 for a determination to be considered, the date on which the Legal Costs Adjudicator concerned makes his or her decision under section 160(5) , the date on which notice of that decision is furnished to the parties and, where a new determination is made under section 160(5)(b) , the outcome of that determination;

(g) where a party applies under section 161 for a review of a determination made under section 160 , the date on which the High Court determines that review, the outcome of the review and, where the High Court remits the matter under section 161(4)(b)(i) , the determination of the Legal Costs Adjudicator to whom the matter is remitted;

(h) the reasons for the determination, prepared by the Chief Legal Costs Adjudicator in accordance with subsection (3).

(3) Subject to subsections (4) to (7), the Chief Legal Costs Adjudicator shall prepare, and cause to be placed on the register of determinations, the reasons for a determination unless—

(a) the adjudication relates to an application for adjudication of legal costs as between the parties to proceedings which—

(i) were held otherwise than in public, or

(ii) if there had been a hearing, would have been held otherwise than in public,

(b) the adjudication relates to an application for adjudication of legal costs as between a legal practitioner and his or her client,

(c) the adjudication relates to an application for adjudication of legal costs as between the parties to proceedings where the proceedings have been settled prior to the conclusion of the hearing by a court of the proceedings, or

(d) the Chief Legal Costs Adjudicator considers, having obtained the views of the parties to the adjudication, that it would be contrary to public interest for that information to be published.

(4) For the purposes of subsection (3), the Chief Legal Costs Adjudicator need not publish the reasons for a determination where he or she is of the opinion that the adjudication concerned does not involve a matter of legal importance.

(5) Where paragraph (a), (b) or (c) of subsection (3) applies, notwithstanding that subsection and subsection (2), the Chief Legal Costs Adjudicator shall cause to be published the outcome of and the reasons for the determination, as well as the information referred to in paragraphs (b) and (c) of subsection (2), in such a manner that—

(a) where subsection (3)(a)(i) applies, information which is protected from disclosure by reason of those proceedings is not disclosed,

(b) where subsection (3)(a)(ii) applies, information is not disclosed which would have been protected from disclosure if the matter had been disposed of by proceedings which would have been held otherwise than in public, and

(c) where subsection (3)(b) applies, the client concerned may not be identified, whether by name, address, or economic activity.

(6) Where the adjudication concerned relates to legal costs as between parties to proceedings, or a legal practitioner and his or her client, the Chief Legal Costs Adjudicator shall ensure that the information referred to in subsection (2) is published in such a manner that commercially sensitive information relating to either party, or to the client, as the case may be, is not disclosed.

(7) A reference to a determination in subsection (2)(h) shall be construed, as the case may be, as a reference to—

(a) subject to paragraphs (b) and (c), a determination made under section 158(1) ,

(b) subject to paragraph (c), where a party applies under section 160 for a determination to be considered, and a new determination is made under section 160(5)(b) , that determination, or

(c) where a party applies under section 161 for a review of a determination made under section 160 , and the High Court remits the matter under section 161(4)(b)(i) , the determination under that provision of the Legal Costs Adjudicator to whom the matter is remitted.

(8) The register of determinations shall be available for inspection without payment, during office hours by any person who applies to inspect it, and on a website of the Courts Service.