Section 107

Costs and expenses in proceedings before the comptroller

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107.-(1) The comptroller may, in proceedings before him under this Act, by order award to any party such costs or, in Scotland, such expenses as he may consider reasonable and direct how and by what parties they are to be paid.

(2) In England and Wales any costs awarded under this section shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if they were payable under an order of that court.

(3) In Scotland any order under this section for the payment of expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) The comptroller may make an order for security for costs or expenses against any party to proceedings before him under this Act if-

  • (a) the prescribed conditions are met, and
  • (b) he is satisfied that it is just to make the order, having regard to all the circumstances of the case;

and in default of the required security being given the comptroller may treat the reference, application or notice in question as abandoned. Rule 85: conditions for making an order for security of costs]

(5) In Northern Ireland any order under this section for the payment of costs may be enforced as if it were a money judgment.

(6) In the Isle of Man any order under this section for the payment of costs may be enforced in like manner to an execution issued out of the court.

Notes:
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