# The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003, Article 43: Costs thrown away


(1) In this rule—
“costs thrown away” means costs of the proceedings resulting from any neglect or delay of the legal representative during (but not prior to) the proceedings and which—
(a) have been incurred by a party; or
(b) have been—
(i) paid by a party to another party; or
(ii) awarded to a party,
under an order made under rule 42;
“an order as to costs thrown away” means an order requiring the legal representative concerned to meet the whole or part of the costs thrown away; and
“the legal representative” means the legally qualified representative of a party.
(2) The adjudicator may, on the application of a party or otherwise, make an order as to costs thrown away provided the adjudicator is satisfied that—
(a) a party has incurred costs of the proceedings unnecessarily as a result of the neglect or delay of the legal representative; and
(b) it is just in all the circumstances for the legal representative to compensate the party who has incurred or paid the costs thrown away, for the whole or part of those costs.
(3) If the adjudicator has received an application for or proposes to make an order as to costs thrown away, he may give directions to the parties and the legal representative about the procedure to be followed to ensure that the issues are dealt with in a way that is fair and as simple and summary as the circumstances permit.
(4) An order as to costs thrown away may—
(a) specify the amount of costs to be paid by the legal representative; and
(b) if the adjudicator considers it appropriate, specify the time within which the costs are to be paid.
(5) An order as to costs thrown away must be recorded in a costs thrown away order.
(6) A costs thrown away order must—
(a) be in writing;
(b) be dated;
(c) be signed by the adjudicator;
(d) state the order as to costs thrown away; and
(e) be served by the adjudicator on the parties and the legal representative.

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Source: https://www.legislation.gov.uk/uksi/2003/2171/article/43 (the official version)
Page: https://openlegislation.uk/adjudicator-to-her-majestys-land-registry-practice-and-procedure-rules-2003/article-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.