Practice Directions and Standing Orders Applicable to Civil Appeals Contents


23. DISPOSAL OF SECURITY MONEY

23.1  When the appellants are ordered to pay the costs of the appeal, the respondents' costs are met in whole or in part by direct payment to the respondents of the money deposited in the Security Fund (see direction 10), unless the parties have come to some other arrangement.

23.2  If the total amount of the respondents' costs can be met from the money paid into the Security Fund, any balance is repaid to the party who paid it in.

23.3  If the respondents' costs are only partly met by such payment, any certificate of taxation which is forwarded to the respondents takes account of the amount so paid.

23.4  In appeals where more than one bill of respondents' costs is to be paid by the appellants, and the money deposited as security is not enough to meet all the bills, the money is divided between the bills in proportion to their amounts as allowed on taxation or in proportion to the amounts agreed by the respondents.

23.5  If the appellants are not ordered to pay the costs of the appeal, money paid into the Security Fund is returned to them when the final judgment order has been issued.

23.6  If an appeal is withdrawn before setting down or is dismissed for want of prosecution, or if the respondent fails to lodge a bill of costs or an application for extension of time within three months of the date of judgment (see direction 22), the appellants may apply in writing to the Judicial Office for the return to them of the money deposited in the Security Fund. The application must be accompanied by the written consent of all the respondents who have entered appearance. If any respondent refuses consent, the appellants may send them a written demand to lodge a bill of costs within four weeks from the date of notice. If the Clerk of the Parliaments is satisfied that such a demand was duly sent and if the respondent fails to lodge a bill of costs within the time specified, the money in the Security Fund is returned to the appellants.


 
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