The Costs in the Court Martial Appeal Court (Amendment) Regulations 2024
Overview
On 28 October 2024, the Ministry of Justice (MoJ) published an article entitled “The Costs in the Court Martial Appeal Court (Amendment) Regulations 2024.” These regulations amend the Costs in the Court Martial Appeal Court Regulations 2007 (SI 2007/2417) (“the principal regulations”). The key change introduced by the amending regulations is the removal of the requirement for the Court Martial Appeal Court (CMAC) to have regard to the means of an appellant before making a costs order against them.
Background
The CMAC is a superior court of record in the United Kingdom that hears appeals from courts-martial. The principal regulations set out the rules governing the award of costs in CMAC proceedings. Under the principal regulations, the CMAC was required to have regard to the means of an appellant before making a costs order against them. This meant that the CMAC could only order an appellant to pay costs if they had the means to do so.
The Amending Regulations
The amending regulations remove the requirement for the CMAC to have regard to the means of an appellant before making a costs order against them. This means that the CMAC will now be able to order an appellant to pay costs even if they do not have the means to do so.
Reasons for the Change
The MoJ has stated that the amending regulations are necessary to ensure that the CMAC has the power to make costs orders in all cases. The MoJ believes that the current requirement for the CMAC to have regard to the means of an appellant before making a costs order against them is unnecessary and may prevent the CMAC from making appropriate costs orders in some cases.
Implications of the Change
The amending regulations will have a significant impact on the award of costs in CMAC proceedings. In particular, the regulations will make it easier for the CMAC to order appellants to pay costs, even if they do not have the means to do so. This could lead to an increase in the number of costs orders made by the CMAC and could also make it more difficult for appellants to challenge the CMAC’s decisions on costs.
Conclusion
The amending regulations are a significant change to the rules governing the award of costs in CMAC proceedings. The regulations will make it easier for the CMAC to order appellants to pay costs, even if they do not have the means to do so. This could lead to an increase in the number of costs orders made by the CMAC and could also make it more difficult for appellants to challenge the CMAC’s decisions on costs.
The Costs in the Court Martial Appeal Court (Amendment) Regulations 2024
The AI has provided us with the news.
I’ve asked Google Gemini the following question, and here’s its response.
UK New Legislation a new article on 2024-10-28 12:36 titled “The Costs in the Court Martial Appeal Court (Amendment) Regulations 2024”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
97