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Rule 59 Requirement to assess costs by the detailed procedureI1

England and Wales

(1)

The amount of any costs, charges or expenses of any person which are payable out of the assets of the PPP company shall be decided by detailed assessment unless the special PPP administrator and the person entitled to payment agree to the contrary.

(2)

In the absence of such agreement, the special PPP administrator may serve notice in writing requiring the person entitled to payment to commence detailed assessment proceedings in accordance with CPR Part 47 (procedure for detailed assessment of costs and default provisions) in the court to which the PPP administration proceedings are allocated.

(3)

In any proceedings before the court, including proceedings on a petition, the court may order costs to be decided by detailed assessment.

(4)

Nothing in this rule prevents the special PPP administrator from making payments on account to any person on the basis of an undertaking by that person to repay immediately any money which may, when detailed assessment is made, prove to have been overpaid, with interest at the rate specified in section 17 of the Judgments Act 1838f1 on the date payment was made and for the period from the date of payment to that of repayment.

Annotations

Commencement

I1

Rule 59 in force at 30.11.2007, see rule 1

Footnotes

f1

1838 c. 110 (1 & 2 Vict.). Section 17 was amended by S.I. 1993/564, article 2 and 1998/2940, article 3 and by other enactments which are not relevant to these Rules.