Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997

Costs and expenses

32.—(1) The tribunal may make an order awarding costs to or against the appellant or the Authority.

(2) The tribunal must, unless it is satisfied that it would not be just to do so, make an order under paragraph (1) against the appellant where the appeal has been decided against him and a notice was issued to him under rule 10.

(3) An order under paragraph (1) may require the party against whom it is made to pay to the other party either—

(a) a specified sum not exceeding the relevant costs incurred by that other party; or

(b) the whole or part of those costs as taxed (if not otherwise agreed),

and, in determining how much the party is required to pay, the tribunal must take account of the conduct of both parties in relation to the appeal.

(4) The relevant costs of a party are the costs incurred by the party in—

(a) attending the hearing, including loss of income;

(b) reimbursing the expenses of witnesses attending the hearing on his behalf; or

(c) being represented at the hearing, where the tribunal consider that it was desirable for him to be represented and that the costs so incurred were reasonable.

(5) Any costs required by an order under this rule to be taxed shall be taxed in the same manner as costs in equity suits or proceedings in the county court.