The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 48 E+W COSTS—SPECIAL CASES

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS E+W

Limitations on court’s power to award costs in favour of trustee or personal representative E+W

48.4—(1) This rule applies where—

(a) a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and

(b) rule 48.3 does not apply.

[F1 (2) The general rule is that where he is entitled to be paid his costs of the proceedings out of any fund held by him as trustee or personal representative, those costs shall be assessed on the indemnity basis.]

(3) The court may order otherwise F2 ... if a trustee or personal representative has acted for a benefit other than that of the fund.

Textual Amendments

F1 Rule 48.4(2) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 23(a)

F2 Words in rule 48.4(3) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 23(b)

Commencement Information

I1 Rule 48.4 in force at 26.4.1999, see Signature