Appealing against the decision

On this page:

Internal review
Independent Costs Assessment
Clarifying costs

Internal review

Appeals must be made in writing and accompanied by the relevant files. An Internal Reviewer will carry out a formal and detailed review of the original decision.

The Internal Reviewer will write to the provider with any changes to the original decision. If this decision is accepted the appeal process ends.

Should the firm remain in either Category 2 or Category 3, the extrapolation amount will be re-calculated and the LSC will proceed to the recoupment process.

If the decision is not accepted the matter proceeds to an Independent Costs Assessor. They will review the assessment by confirming, increasing or decreasing the amount assessed.

Independent Costs Assessment

Any appeal to an Assessor is considered on paper.

In exceptional circumstances either party can apply to the Assessor for an oral hearing. The Assessor will explain how the appeal will be carried out.

The Assessor’s decision on the appeal will be forwarded to the provider along with the revised assessment rate and any applicable recoupment figure.

Clarifying costs

At any point after the submitting an appeal to the Assessor, but not later than 21 days after receipt of the final decision, the LSC or the provider can seek clarification on the costs rules and provisions.

This is by applying for a certificate of a Point of Principle of General Importance. Applications can be made to the LSC or direct to an Assessor if one has been appointed.

The application will be forwarded within seven days of receipt to the LSC’s Legal Director and the Assessor (if one has been appointed).

The application must set out the exact wording of the Point of Principle of General Importance sought.

The LSC’s Legal Director will decide whether the matter should progress to the Costs Appeals Committee.

The decision of the LSC’s Legal Director and/or the Costs Appeals Committee will be sent to the provider, the LSC and if appropriate to the Assessor.

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Last updated: 16 May 2007