Agricultural Holdings Act 1986

Costs

23 The costs of, and incidental to, the arbitration and award shall be in the discretion of the arbitrator who may direct to and by whom and in what manner the costs, or any part of the costs, are to be paid.

24 On the application of either party, any such costs shall be taxable in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the arbitrator under paragraph 23 above, or, in the absence of any such direction, by the county court

25 (1) The arbitrator shall, in awarding costs, take into consideration—

(a) the reasonableness or unreasonableness of the claim of either party, whether in respect of amount or otherwise,

(b) any unreasonable demand for particulars or refusal to supply particulars, and

(c) generally all the circumstances of the case.

(2) The arbitrator may disallow the costs of any witness whom he considers to have been called unnecessarily and any other costs which he considers to have been unnecessarily incurred.