The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) (Amendment) Rules 2008

Amendments to the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003

24.  In rule 42 (costs)—

(a) for paragraph (1)(a)(i) substitute—

“(i) the conduct of the parties—

(aa) in respect of proceedings commenced by a reference, during (but not prior to) the proceedings; or

(bb) in respect of proceedings commenced by a rectification application, before and during the proceedings;”;

(b) in paragraph (1)(b) omit “during the proceedings”;

(c) for paragraph (4) substitute—

“(4) An order as to costs may, without limitation—

(a) require a party to pay the whole or a part of the costs of another party and—

(i) specify a fixed sum or proportion to be paid; or

(ii) specify that costs from or until a certain date are to be paid;

(b) if the adjudicator considers it impracticable to make an order in respect of the relevant part of a party’s costs under paragraph (a), specify that costs relating to a distinct part of the proceedings are to be paid;

(c) specify an amount to be paid on account before costs are agreed or assessed; or

(d) specify the time within which costs are to be paid.”;

(d) for paragraph (5) substitute—

“(5) The adjudicator may—

(a) summarily assess the whole or a part of a party’s costs; or

(b) specify that, if the parties are unable to reach agreement on an amount to be paid, the whole or a part of a party’s costs be assessed in a specified manner.”;

(e) in paragraph (6)—

(i) for “A costs order” substitute “An order as to costs must be recorded in a costs order and”; and

(ii) in sub-paragraph (c) for “signed by the adjudicator” substitute “sealed and state the name of the person making the order”; and

(f) for paragraph (11) substitute—

“(11) Where costs are to be assessed on the indemnity basis, the adjudicator must resolve in favour of the receiving party any doubt as to the reasonableness of the incurring or the amount of the costs.”.