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72.—(1) A costs order is an order that a party (“the paying party”) make a payment to the receiving party in respect of the costs that the receiving party has incurred while legally represented or while represented by a lay representative.
(2) A preparation time order is an order that a party (“the paying party”) make a payment to the receiving party in respect of the receiving party’s preparation time while not legally represented or while not represented by a lay representative.
(3) A costs order and a preparation time order may not both be made in favour of the same party in the same proceedings. A tribunal may, if it wishes, decide in the course of the proceedings that a party is entitled to one order or the other but defer until a later stage in the proceedings deciding which kind of order to make.
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