Objection to preliminary assessment amount
347 Objection to preliminary assessment amount
A party may, within 21 days after receiving written notice of the preliminary assessment amount, object to the preliminary assessment amount by —
giving written notice of the objection to the registrar and the other party; and
paying into court a sum equal to 5% of the total amount claimed in the itemised costs account as security for the cost of any assessment of the account.
On receiving a notice and security, the registrar must fix a date for an assessment hearing for the itemised costs account.
The party objecting may be ordered to pay the other party’s costs of the assessment from the date of giving notice under subrule (1)(a) unless the itemised costs account is assessed with a variation in the objecting party’s favour of at least 20% of the preliminary assessment amount.
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