The Bank Insolvency (England and Wales) Rules 2009

CHAPTER 6 COSTS AND DETAILED ASSESSMENT

Application of the CPR

211.  Apply rule 7.33 of the 1986 Rules(1).

Requirement to assess costs by the detailed procedure

212.—(1) Apply rule 7.34 of the 1986 Rules(2).

(2) In paragraph (1)—

(a) for “company insolvency” and “liquidation” substitute “bank insolvency”,

(b) ignore sub-paragraph (b), and

(c) for the words from “court to which” to the end substitute “High Court”.

(3) In paragraph (2), leave out “or creditors”.

(4) In paragraph (5), for “trustee in bankruptcy or a liquidator” substitute “bank liquidator.”

(5) Ignore paragraph (6).

Procedure where detailed assessment required

213.  Apply rule 7.35 of the 1986 Rules. Ignore paragraph (6).

Costs of officers charged with executions of writs or other process

214.—(1) Apply rule 7.36 of the 1986 Rules(3).

(2) In paragraph (1)(a), leave out “or 346(2)”.

(3) In paragraph (1)(b), leave out “or 346(3)”.

Costs paid otherwise than out of the insolvent estate

215.  Apply rule 7.38 of the 1986 Rules.

Award of costs against responsible insolvency practitioner

216.—(1) Apply rule 7.39 of the 1986 Rules.

(2) Leave out from the beginning to “expenses” and “the official receiver or”.

Application for costs

217.—(1) Apply rule 7.40 of the 1986 Rules.

(2) In paragraph (1) for “insolvency” substitute “bank insolvency”.

(3) In paragraph (2), leave out the words from “, and, in winding up” to the end.

(4) In paragraph (3), leave out “and, where appropriate, the official receiver”.

Costs and expenses of witnesses

218.—(1) Apply rule 7.41 of the 1986 Rules.

(2) In paragraph (1), leave out “the bankrupt or”.

(3) Ignore paragraph (2).

Final costs certificate

219.  Apply rule 7.42 of the 1986 Rules.

(1)

All the rules applied by this Chapter were substituted by S.I. 1999/1022.

(2)

Paragraph (1) was amended by S.I. 2008/737.

(3)

Paragraph (1) was amended by S.I. 2005/527.