Legal Services Regulation Act 2015
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Reference to High Court | ||
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159. (1) A Legal Costs Adjudicator may, whether or not at the request of a party to an application for adjudication of legal costs, refer a question of law arising in the application to the High Court for the opinion of that Court. | ||
(2) Where, in the determination of an application, a question as to the enforceability of an agreement entered into under section 151 arises, a Legal Costs Adjudicator shall refer the agreement to the High Court and the High Court shall decide if, and to what extent, the agreement is enforceable and— | ||
(a) if it considers that the agreement is enforceable, it shall make the order that it considers appropriate to enforce the agreement, or | ||
(b) if it considers that the agreement is not enforceable, it shall direct that the adjudication of the legal costs proceed as if no agreement had been entered into. | ||
(3) If a question has been referred to the High Court under this section, a Legal Costs Adjudicator may not— | ||
(a) make a determination to which the question is relevant while the reference is pending, or | ||
(b) proceed in a manner, or make a determination, that is inconsistent with the opinion of the High Court on the question. |