Q&As

What is the procedure for applying for reimbursement of additional costs arising from death or incapacity of judge, pursuant to section 53 of the Administration of Justice Act 1985?

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Published on LexisPSL on 20/03/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure for applying for reimbursement of additional costs arising from death or incapacity of judge, pursuant to section 53 of the Administration of Justice Act 1985?
  • Reimbursement of additional costs resulting from death or incapacity of presiding judge
  • How are such costs assessed?
  • Procedure

What is the procedure for applying for reimbursement of additional costs arising from death or incapacity of judge, pursuant to section 53 of the Administration of Justice Act 1985?

Reimbursement of additional costs resulting from death or incapacity of presiding judge

Under the Administration of Justice Act 1985 (AJA 1985), where:

  1. the judge (or judges), presiding at any civil proceedings in the Civil Division of the Court of Appeal, in the High Court, in the Family Court, or in the County Court, becomes temporarily or permanently incapacitated from presiding at the proceedings, or dies, at any time prior to the conclusion of the proceedings, and

  2. any party represented at the proceedings incurs any additional costs in consequence of the judge's incapacity or death

the Secretary of State may, if they think fit, reimburse that party in respect of any such additional costs, or in respect of such part thereof as they may determine, subject to the prescribed limit for such reimbursement. The limit for additional costs has been set by the Secretary of State as £8,000 under the Reimbursement of Costs (Monetary Limit) Order 1988, SI 1988/1342, Art

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