Rule 104 Costs

For the purposes of these rules “costs” means costs and expenses recoverable before the Senior Courts of England and Wales, the Court of Session or the Court of Judicature of Northern Ireland, as appropriate, and include payments in respect of the representation of a party to proceedings under section 47A (claims for damages) or 47B (collective proceedings) of the 1998 Act M1 F1, or section 101 of the 2024 Act (rights to enforce requirements of Part 1), where the representation by a legal representative was provided free of charge.

The Tribunal may at its discretion, subject to rules 48 and 49, at any stage of the proceedings make any order it thinks fit in relation to the payment of costs in respect of the whole or part of the proceedings.

For the purposes of paragraph (2), applications made under rule 62 or 63 are considered to be proceedings of the Tribunal.

In making an order under paragraph (2) and determining the amount of costs, the Tribunal may take account of—

The Tribunal may assess the sum to be paid under any order under paragraph (2) or may direct that it be—

The power to award costs under paragraphs (1) to (5) includes the power to direct any party to pay to the Tribunal such sum as may be appropriate in reimbursement of any costs incurred by the Tribunal in connection with the summoning or citation of witnesses or the instruction of experts on the Tribunal's behalf; and any sum due as a result of such a direction may be recovered by the Tribunal as a civil debt due to the Tribunal.