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The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

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Orders for costs

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10.—(1) The Tribunal may make an order for costs on an application or on its own initiative.

(2) A person making an application for an order for costs—

(a)must 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)may send or deliver with the application a schedule of the costs claimed in sufficient detail to allow summary assessment of such costs by the Tribunal.

(3) An application for an order for costs may be made at any time during the proceedings but may not be made later than 14 days after the date on which—

(a)the Tribunal sends a decision notice recording the decision which finally disposes of all issues in the proceedings;

(b)the Tribunal sends notice of consent to a withdrawal under rule 20 (withdrawal) which ends the proceedings; or

(c)notice of withdrawal is sent to the Tribunal with the consent of all parties.

(4) The Tribunal may not make an order for costs against a person (the “paying person”) without first giving that person an opportunity to make representations.

(5) The amount of costs to be paid under an order under this rule may be determined 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)detailed assessment of the whole or a specified part of the costs incurred by the receiving person on the standard basis or, if specified in the costs order, on the indemnity basis by the Tribunal or, if it so directs, on application to the Senior Courts Costs Office or a county court; and the Civil Procedure Rules 1998(1) shall apply, with necessary modifications, to that application and assessment as if the proceedings in the Tribunal had been proceedings in a court to which the Civil Procedure Rules 1998 apply.

(6) The Tribunal may order a party to pay to another party costs of an amount equal to the whole or part of any fee paid (which has not been remitted by the Lord Chancellor under the Upper Tribunal (Lands Chamber) Fees Order 2009(2)) in the proceedings by that other party that is not otherwise included in an award of costs.

(7) In an appeal against the decision of a leasehold valuation tribunal, the Tribunal may not make an order for costs except—

(a)under section 29(4) of the 2007 Act (wasted costs);

(b)under paragraph (6); or

(c)if the Tribunal considers that the party ordered to pay costs has acted unreasonably in bringing, defending or conducting the proceedings.

(8) The amount that may be awarded under paragraph (7)(c), disregarding any amount that may be awarded under paragraph (6), must not exceed £500.

(2)

S.I. 2009/1114 has been amended by S.I. 2010/2601

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