Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent
5473 Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent
This rule applies if a respondent to the appeal does not make an application under rule 5472 (1) and the appeal is struck out by the Court of Appeal as incompetent.
The respondent must not receive any costs of the appeal, unless the Court of Appeal otherwise orders.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
The Court of Appeal may order that the respondent pay the appellant any costs of the appeal wasted because of the respondent’s failure to make an application under rule 5472 (1).
The Court of Appeal may make an order under this rule on application by a party to the appeal or on its own initiative.
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