Article 12 Section 53, Administration of Justice Act 1985

Order 38 shall be amended by inserting after rule 17 the following new rule—

“Reimbursement of additional costs under section 53, Administration of Justice Act 1985

17A

(1)

In default of agreement between the Lord Chancellor and a person as to the amount of additional costs to be reimbursed under section 53 of the Administration of Justice Act 1985, either of them may make a written request to the proper officer that such costs be taxed.

(2)

Notwithstanding RSC Order 62, rule 3(4), such costs shall be taxed on an idemnity basis.”.