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120.—(1) This Chapter applies to costs of and in connection with SMCL administration proceedings.
(2) In this Chapter, “costs” includes charges and expenses.
(3) CPR Parts 44 and 47(1) (which relate to costs) apply to such costs.
121.—(1) Where the costs of any person are payable as an expense out of the assets of the SMCL, the amount payable must be decided by detailed assessment unless agreed between the SMCL administrator and the person entitled to payment.
(2) In the absence of such agreement, the SMCL administrator may serve notice requiring the person entitled to payment to commence detailed assessment proceedings in accordance with CPR Part 47.
(3) Detailed assessment proceedings must be commenced in the court to which the SMCL administration proceedings are allocated.
(4) Where the costs of any person employed by the SMCL administrator in SMCL administration proceedings are required to be decided by detailed assessment or fixed by order of the court, the SMCL 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 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.
122.—(1) Before making a detailed assessment of the costs of any person employed in SMCL administration proceedings by the SMCL administrator, the costs officer must require a certificate of employment, which must be endorsed on the bill and authenticated by the SMCL administrator.
(2) The certificate must include—
(a)the name and address of the person employed;
(b)details of the functions to be carried out under the employment; and
(c)a note of any special terms of remuneration which have been agreed.
(3) Every person whose costs in SMCL administration proceedings are required to be decided by detailed assessment must, on being required in writing to do so by the SMCL administrator, commence detailed assessment proceedings in accordance with CPR Part 47.
(4) If that person does not commence detailed assessment proceedings within three months of being required to do so under paragraph (3), or within such further time as the court, on application, may permit, the SMCL administrator may deal with the assets of the SMCL without regard to any claim for costs by that person, whose claim is forfeited by such failure to commence proceedings.
(5) Where in any such case such a claim for costs lies additionally against an SMCL administrator in the SMCL administrator’s personal capacity, that claim is also forfeited by such failure to commence proceedings.
123. Where the amount of costs is decided by detailed assessment under an order of the court directing that the costs are to be paid otherwise than out of the assets of the SMCL, the costs officer must note on the final costs certificate by whom, or the manner in which, the costs are to be paid.
124. Without prejudice to any provision of the 1986 Act or these Rules by virtue of which the SMCL administrator is not in any event to be liable for costs and expenses, where an SMCL administrator is made a party to any proceedings on the application of another party to the proceedings, the SMCL administrator is not to be personally liable for the costs unless the court otherwise directs.
125.—(1) This Rule applies where a party to, or person affected by, SMCL administration proceedings—
(a)applies to the court for an order allowing their costs, or part of them, of or incidental to the proceedings; and
(b)that application is not made at the time of the proceedings.
(2) The applicant must serve a sealed copy of the application on the SMCL administrator.
(3) The SMCL administrator may appear on the application.
(4) No costs of or incidental to the application are to be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceedings.
126.—(1) An officer of the SMCL to which the SMCL administration proceedings relate is not to receive an allowance as a witness in an examination or other proceedings before the court except as directed by the court.
(2) A person making any application in SMCL administration proceedings is not to receive an allowance as a witness for attending the hearing of the application, but the costs officer may allow that person’s expenses of travelling and subsistence.
127.—(1) A final costs certificate of the costs officer is final and conclusive as to all matters which have not been objected to in the manner provided for under the CPR.
(2) Where it is proved to the satisfaction of a costs officer that a final costs certificate has been lost or destroyed, the costs officer may issue a duplicate.
Parts 44 and 47 were substituted for new Parts 44 and 47 by S.I. 2013/262.
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