Orders for costs
10.—(1) Subject to paragraph (2), the Tribunal may make an order in respect of costs only—
- (a) under section 29(4) of the 2007 Act (wasted costs); or
- (b) if the Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings.
(2) The Tribunal may not make an order under paragraph (1)(b) in mental health cases.
(3) The Tribunal may make an order in respect of costs on an application or on its own initiative.
(4) A person making an application for an order under this rule must—
- (a) send or deliver a written application to the Tribunal and to the person against whom it is proposed that the order be made; and
- (b) send or deliver a schedule of the costs claimed with the application.
(5) An application for an order under paragraph (1) may be made at any time during the proceedings but may not be made later than 14 days after the date on which the Tribunal sends the decision notice recording the decision which finally disposes of all issues in the proceedings.
(6) The Tribunal may not make an order under paragraph (1) against a person (the “paying person”) without first—
- (a) giving that person an opportunity to make representations; and
- (b) if the paying person is an individual, considering that person’s financial means.
(7) The amount of costs to be paid under an order under paragraph (1) may be ascertained by—
- (a) summary assessment by the Tribunal;
- (b) agreement of a specified sum by the paying person and the person entitled to receive the costs (“the receiving person”); or
- (c) assessment of the whole or a specified part of the costs incurred by the receiving person, if not agreed.
(8) Following an order for assessment under paragraph (7)(c), the paying person or the receiving person may apply to a county court for a detailed assessment of costs in accordance with the Civil Procedure Rules 1998(15) on the standard basis or, if specified in the order, on the indemnity basis.