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Bill of costs - unpaid disbursements Print
You can include unpaid disbursements in you bill, but you should describe them as ‘unpaid’. If you do not, then you will have difficulties if they are challenged on an assessment. If that happens, then there are two possible solutions. Firstly, you can ask the court for leave to withdraw the whole of the bill and then redeliver it correctly worded (although you may have to pay the costs). Alternatively, it seems the court does have an inherent discretion to give leave to amend the bill (by adding the words ‘unpaid’ or ‘not yet paid’), following Tearle [1993]. But, always try to avoid these potential problems by describing unpaid disbursements as ‘unpaid’. [2006] LSG 26 October 39.
December 2006
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