More costs…..
by Philip
Tribunals’ willingness to award costs has not gone unremarked by this blog.
The case here reports much dancing on heads of pins and hair splitting, involving as it does the difference between a hearing and a Hearing and whether a qualified Solicitor, on the roll, but with no practising certificate can claim legal costs in a Tribunal.
A Tribunal can make a costs order where a party is legally represented and a preparation time order, where a party is not legally represented. A tribunal cannot make both orders in favour of one party.
The upshot was that costs were not allowed for the non practising certificated Solicitor, as she did not fall within the definition of legally represented, although costs were allowed for the Counsel she had instructed under the direct access scheme, as he did fall within the definition.
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