The European Parliamentary Elections Regulations 2004

Disputed claims: individual candidates E+W+S

49.—(1) If the agent who incurred the expense disputes any claim sent in to him within the period of 21 days mentioned in regulation 48 or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, including, in Gibraltar, the Gibraltar court, and any sum paid by the agent or individual candidate who incurred the expense in pursuance of the judgment or order of the court shall not be deemed to be in contravention of regulation 43(1) or of regulation 48(2).

(3) If the defendant in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the claimant’s application otherwise directs, be forthwith referred for taxation—

(a) to a Circuit judge nominated under subsection (1)(a) of section 68 of the Supreme Court Act 1981 M1 , or

(b) to the master, registrar or other proper officer of the court, or

(c) in an action in a Gibraltar court, the registrar,

and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

(4) Paragraphs (5) to (7) of regulation 48 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of 21 days.

Marginal Citations

M1 1981 c. 54.