Rule 4 Costs where payment into court by Secretary of State not accepted

Where money has been paid into court by the Secretary of State in accordance with this Order and the appellant does not serve notice of acceptance in accordance with Rule 3(7) and does not on appeal obtain an order for the recovery, in relation to such items in the decision or determination of the Secretary of State as are the subject of the appeal, of an amount of compensation or, where appropriate, any sum payable in respect of the amount payable in accordance with rule 3(3)(b) greater than the amount paid into court, then, where the appellant is not under a legal disability, he shall not be entitled to any costs against the Secretary of State and shall be liable for the costs of the Secretary of State in such amount as the court may determine.

Where the Secretary of State becomes entitled to costs under this rule such costs shall be paid to him out of the money paid into court before any payment out of the said money is made to the appellant.