See also Part 40, Practice Direction
40B, Practice Direction
40D, Practice Direction
40E
PRACTICE DIRECTION – ACCOUNTS, INQUIRIES ETC.
This Practice Direction supplements CPR Part
40
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Accounts and Inquiries: General
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| 1.1 |
Where the court orders any account to be taken or any
inquiry to be made, it may, by the same or a subsequent order, give directions
as to the manner in which the account is to be taken and verified or the
inquiry is to be conducted. |
|
| 1.2 |
In particular, the court may direct that in taking an
account, the relevant books of account shall be evidence of their contents but
that any party may take such objections to the contents as he may think
fit. |
|
| 1.3 |
Any party may apply to the court in accordance with CPR
Part 23 for directions as to the taking of an account or the conduct of an
inquiry or for the variation of directions already made. |
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| 1.4 |
Every direction for the taking of an account or the
making of an inquiry shall be numbered in the order so that, as far as
possible, each distinct account and inquiry is given its own separate
number. |
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Verifying the Account
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| 2. |
Subject to any order to the contrary: |
| | (1)
| the accounting party must make out his account
and verify it by an affidavit or witness statement to which the account is
exhibited, |
|
| | (2)
| the accounting party must file the account with
the court and at the same time notify the other parties that he has done so and
of the filing of any affidavit or witness statement verifying or supporting the
account. |
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Objections
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| 3.1 |
Any party who wishes to contend: |
| | (a)
| that an accounting party has received more than
the amount shown by the account to have been received, or |
|
| | (b)
| that the accounting party should be treated as
having received more than he has actually received, or |
|
| | (c)
| that any item in the account is erroneous in
respect of amount, or |
|
| | (d)
| that in any other respect the account is
inaccurate, must, unless the court directs otherwise, give written notice to
the accounting party of his objections. |
|
|
| 3.2 |
The written notice referred to in paragraph 3.1 must,
so far as the objecting party is able to do so: |
| | (a)
| state the amount by which it is contended that
the account understates the amount received by the accounting party, |
|
| | (b)
| state the amount which it is contended that the
accounting party should be treated as having received in addition to the amount
he actually received, |
|
| | (c)
| specify the respects in which it is contended
that the account is inaccurate, and |
|
| | (d)
| in each case, give the grounds on which the
contention is made. |
|
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| 3.3 |
The contents of the written notice must, unless the
notice contains a statement of truth, be verified by either an affidavit or a
witness statement to which the notice is an exhibit. (Part 22 and the Practice Direction that supplements it
contain provisions about statements of truth). |

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Allowances
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| 4. |
In taking any account all just allowances shall be made
without any express direction to that effect. |
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Management of Proceedings
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| 5. |
The court may at any stage in the taking of an account
or in the course of an inquiry direct a hearing in order to resolve an issue
that has arisen and for that purpose may order that points of claim and points
of defence be served and give any necessary directions. |
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Delay
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| 6.1 |
If it appears to the court that there is undue delay in
the taking of any account or the progress of any inquiry the court may require
the accounting party or the party with the conduct of the inquiry, as the case
may be, to explain the delay and may then make such order for the management of
the proceedings (including a stay) and for costs as the circumstances may
require. |
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| 6.2 |
The directions the court may give under paragraph 6.1
include a direction that the Official Solicitor take over the conduct of the
proceedings and directions providing for the payment of the Official
Solicitor’s costs. |
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Distribution
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|
| 7. |
Where some of the persons entitled to share in a fund
are known but there is, or is likely to be, difficulty or delay in ascertaining
other persons so entitled, the court may direct, or allow, immediate payment of
their shares to the known persons without reserving any part of those shares to
meet the subsequent costs of ascertaining the other persons. |
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Guardian’s Accounts
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| 8. |
The accounts of a person appointed guardian of the
property of a child (defined in CPR 21.1(2)) must be verified and approved in
such manner as the court may direct. |
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Accounts and inquiries to be conducted before Master or district
judge
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|
| 9 |
Unless the court orders otherwise, an account or
inquiry will be taken or made – |
| | (1)
| by a Master or district judge, if the proceedings
are in the High Court; and |
|
| | (2)
| by a district judge, if the proceedings are in a
county court. |
|
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Advertisements
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|
| 10 |
The court may – |
| | (1)
| direct any necessary advertisement; and |
|
| | (2)
| fix the time within which the advertisement should
require a reply. |
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Examination of claims
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| 11.1 |
Where the court orders an account of debts or other
liabilities to be taken, it may direct any party, within a specified time, to
– |
| | (1)
| examine the claims of persons claiming to be owed
money out of the estate or fund in question. |
|
| | (2)
| determine, so far as he is able, which of them are
valid; and |
|
| | (3)
| file written evidence –|
| | (a)
| stating his findings and his reasons for
them; and |
|
| | (b)
| listing any other debts which are or may be
owed out of the estate or fund. |
|
|
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| 11.2 |
Where the court orders an inquiry for next of kin or
other unascertained claimants to an estate or fund, it may direct any party,
within a specified time, to – |
| | (1)
| examine the claims that are made; |
|
| | (2)
| determine, so far as he is able, which of them are
valid; and |
|
| | (3)
| file written evidence stating his findings and his
reasons for them. |
|
|
| 11.3 |
If the personal representatives or trustees concerned
are not the parties directed by the court to examine claims, the court may
direct them to join with the party directed to examine claims in producing the
written evidence required by this rule. |

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Consideration of claims by the court
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|
| 12 |
For the purpose of considering a claim the court may
– |
| | (1)
| direct it to be investigated in any manner; |
|
| | (2)
| direct the person making the claim to give further
details of it; and |
|
| | (3)
| direct that person to –|
| | (a)
| file written evidence; or |
|
| | (b)
| attend court to give evidence, |
to support his claim. |
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| Minor amendment to Para 12 w/e from from 26 March 2001. |
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Notice of decision
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|
| 13 |
If – |
| | (1)
| the court has allowed or disallowed any claim or
part of a claim; and |
|
| | (2)
| the person making the claim was not present when
the decision was made, the court will serve on that person a notice
informing him of its decision. |
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Interest on debts
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| 14 |
|
| | (1)
| Where an account of the debts of a deceased person
is directed by any judgment, unless the deceased's estate is insolvent or the
court orders otherwise, interest shall be allowed –|
| | (a)
| on any debt which carries interest, at the
rate it carries, and |
|
| | (b)
| on any other debt, from the date of the
judgment, at the rate payable on judgment debts at that date. |
|
|
| | (2)
| Where interest on a debt is allowed under paragraph
(1)(b), it shall be paid out of any assets of the estate which remain after
payment of –|
| | (a)
| any costs of the proceedings directed to be
paid out of the estate; |
|
| | (b)
| all the debts which have been established;
and |
|
| | (c)
| the interest on such of those debts as by law
carry interest. |
|
|
| | (3)
| For the purpose of this rule –|
| | (a)
| ‘debt’ includes funeral,
testamentary or administration expenses; and |
|
| | (b)
| in relation to any expenses incurred after
the judgment, paragraph (1)(b) applies as if, instead of the date of the
judgment, it referred to the date when the expenses became payable. |
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Interest on legacies
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| 15 |
Where an account of legacies is directed by any
judgment, then, subject to – |
| | (a)
| any directions contained in the will or codicil
in question; and |
|
| | (b)
| any order made by the court, interest shall be allowed on each legacy at the
basic rate payable for the time being on funds in court or at such other rate
as the court shall direct, beginning one year after the testator's
death. |
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| Paragraph 15 replaced w/e from 31 July 2003. |