A5.503 Procedure and quantification of an award of costs before the Tribunals
Both the First-tier Tribunal and the Upper Tribunal can make an award of costs, or in Scotland, expenses, on either an application or its own initiative1. A person making an application for costs must do so in writing and send a copy to the other party against whom a claim is made2. The application must contain a schedule of costs, which must be sufficiently detailed to enable them to be summarily assessed3. The application can be made at any stage during the proceedings, but must be made no later than one month after the date of the decision by the Tribunal or the withdrawal on an appeal4. An order for costs cannot be made against any party to an appeal unless that party has had an opportunity to make representations5. If the order is made against an individual and the proceedings are judicial review proceedings, or that person or his representative is considered to have acted unreasonably in bringing defending or conducting those proceedings, the Tribunal is required to take account of the individual's financial means6.
If the costs cannot be summarily assessed by the Tribunal, or agreed between the parties, the Tribunal can order that
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