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23.6 If an appeal is withdrawn before setting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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