s.29Re-taxation by a judge
29
Section 29Part 4 — SELECTION, REMUNERATION, ETC. OF ATTORNEY-AT-LAW

Re-taxation by a judge

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

If an attorney-at-law is dissatisfied with the amount allowed to him on taxation under section 28 he may apply, within seven days of the issue of the certificate of legal aid taxation, for his bill of costs to be re-taxed by a Judge.
If an assisted person who is required to pay a contribution of at least three quarters of the cost of his representation, is dissatisfied with the amount allowed to his attorney-at-law on taxation under section 28 he may apply within seven days of the date upon which the certificate of legal aid taxation is served on him, for his attorney-at-law's bill of costs to be re-taxed by a judge.
Subsection (2) does apply to an assisted person who has been convicted of an offence and ordered to pay a contribution towards the cost of his representation pursuant to section 19.
If the Financial Secretary is dissatisfied with the amount allowed on any taxation under section 28, he may apply within seven days of the date upon which the certificate of legal aid taxation is presented to him for payment, for the attorney-at-law's bill of costs to be re-taxed by a Judge.
When an application is made for a bill of costs to be re-taxed, the certificate of legal aid taxation issued by the Clerk of the Court shall be revoked automatically and shall not be payable by the Government.
An application for re-taxation of a bill of costs shall be in writing and shall specify those items of the bill about which the applicant is dissatisfied.
The judge shall re-tax the entire bill of costs, without regard to the decision of the Clerk of the Court.
The judge may require the attorney-at-law to produce the whole or part of his files relating to the proceeding or any part thereof.
Having conducted an initial review of the bill of costs, the Judge shall invite the attorney-at-law, the assisted person or the Financial Secretary or his representative, to attend before him in Chambers for the purpose of addressing him upon those items of the bill of costs about which the applicant is dissatisfied and any other items about which the Judge is not satisfied.
When re-taxing a bill of costs the Judge shall act in an administrative capacity and his certificate of legal aid taxation shall be final and conclusive.

Cross References