1977 Ed.]
Bankruptcy Rules
[CAP. 6
32A. (1) When awarding costs the court may- (a) direct that the costs of any matter or application-
(i) shall be taxed and paid as between party and party or as between solicitor and client, on the basis of a common fund in which the client and others are interested; or
(ii) may be allowed as between solicitor and own client; or
(b) fix a sum to be paid in lieu of taxed costs.
(2) Unless the court otherwise directs, the costs of an application to the court which is opposed shall follow the event and shall be taxed as between party and party.
(3) Where-
(a) an action is brought against the Official Receiver or
trustee as representing the estate of the debtor; or
(b) the Official Receiver or trustee is made a party to any
proceedings on the application of any other party,
the Official Receiver or trustee shall not be personally liable for costs unless the court otherwise directs.
33. The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall in his bill of costs give credit for such sum or security (if any) as he may have received from the debtor as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition, and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs.
A 15
[Subsidiary]
Costs.
S.I. 1952/2113, r. 92. L.N. 39/76.
Solicitor's costs
in case of petition by debtor.
R105.
Certificate of
R109.
34. Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker or other person employed by the Official Receiver or trustee, the taxing officer shall require a certificate in writing, signed by the Official Receiver or trustee as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and, in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employment.
Notice of
35. Every person whose bill or charges is or are to be taxed shall in all cases give not less than 4 days' notice of the appointment to tax the same to the Official Receiver and to the trustee (if any).
R112.
bill.
R113.
36. The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the Official Receiver, and if incurred after the appointment of a trustee, shall be lodged with the trustee, 3 clear days before the application for the appointment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the taxing officer.
Page 15
Page 16
1977 Ed.]
Bankruptcy Rules
[CAP. 6
32A. (1) When awarding costs the court may- (a) direct that the costs of any matter or application-
(i) shall be taxed and paid as between party and party or as between solicitor and client, on the basis of a common fund in which the client and others are interested; or
(ii) may be allowed as between solicitor and own client; or
(b) fix a sum to be paid in lieu of taxed costs.
(2) Unless the court otherwise directs, the costs of an application to the court which is opposed shall follow the event and shall be taxed as between party and party.
(3) Where-
(a) an action is brought against the Official Receiver or
trustee as representing the estate of the debtor; or
(b) the Official Receiver or trustee is made a party to any
proceedings on the application of any other party,
the Official Receiver or trustee shall not be personally liable for costs unless the court otherwise directs.
33. The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall in his bill of costs give credit for such sum or security (if any) as he may have received from the debtor as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition, and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs.
A 15
[Subsidiary]
Costs.
S.I. 1952/2113, r. 92. L.N. 39/76.
Solicitor's costs
in case of petition by debtor.
R105.
Certificate of
R109.
34. Before taxing the bill or charges of any solicitor, man- ager, accountant, auctioneer, broker or other person employed by employment. the Official Receiver or trustee, the taxing officer shall require a certificate in writing, signed by the Official Receiver or trustee as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and, in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employ-
ment.
Notice of
35. Every person whose bill or charges is or are to be taxed shall in all cases give not less than 4 days' notice of the appoint- appointment. ment to tax the same to the Official Receiver and to the trustee (if any).
R112.
bill.
R113.
36. The bill or charges, if incurred prior to the appointment Lodgment of of a trustee, shall be lodged with the Official Receiver, and if incurred after the appointment of a trustee, shall be lodged with the trustee, 3 clear days before the application for the appoint- ment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the taxing officer.
Page 15Page 16
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