Requirement to assess costs by the detailed procedureU.K.
113.—(1) Where the costs of any person are payable as an expense out of the assets of the energy supply company, the amount payable must be decided by detailed assessment unless agreed between the energy administrator and the person entitled to payment.
(2) In the absence of such agreement as is mentioned in paragraph (1), the energy administrator may serve notice requiring that person to commence detailed assessment proceedings in accordance with CPR Part 47.
(3) Detailed assessment proceedings must be commenced in the court to which the energy supply company administration proceedings are allocated.
(4) Where the costs of any person employed by the energy administrator in energy supply company administration proceedings are required to be decided by detailed assessment or fixed by order of the court, the energy administrator may make payments on account to such person in respect of those costs provided that person undertakes in writing—
(a)to repay as soon as reasonably practicable any money which may, when detailed assessment is made, prove to have been overpaid; and
(b)to pay interest on any such sum as is mentioned in sub-paragraph (a) at the rate specified in section 17 of the Judgments Act 1838 M1 on the date payment was made and for the period beginning with the date of payment and ending with the date of repayment.
(5) In any proceedings before the court, the court may order costs to be decided by detailed assessment.
Marginal Citations
M11838 c. 110, as amended by the Civil Procedure Acts Repeal Act 1879, section 2, Schedule 1, Part 1, the Statute Law Revision (No. 2) Act 1888, S.I. 1993/564, article 2, 1998/2940, article 3(a), (b) and (c).