Rule 34B The amount of a costs or expenses orderF1

(1)

Subject to sub-paragraphs (2) and (3) the amount of a costs order against the paying party can be determined in the following ways:

(a)

the Appeal Tribunal may specify the sum which the paying party must pay to the receiving party;

(b)

the parties may agree on a sum to be paid by the paying party to the receiving party and if they do so the costs order shall be for the sum agreed; or

(c)

the Appeal Tribunal may order the paying party to pay the receiving party the whole or a specified part of the costs of the receiving party with the amount to be paid being determined by way of detailed assessment in the High Court in accordance with the Civil Procedure Rules 1998 or in Scotland the Appeal Tribunal may direct that it be taxed by the Auditor of the Court of Session, from whose decision an appeal shall lie to a judge.

(2)

The Appeal Tribunal may have regard to the paying party’s ability to pay when considering the amount of a costs order.

(3)

The costs of an assisted person in England and Wales shall be determined by detailed assessment in accordance with the Civil Procedure Rules.

Annotations

Textual amendments

F1: Rules 34A-34D inserted (1.10.2004) by The Employment Appeal Tribunal (Amendment) Rules 2004 (S.I. 2004/2526), rules 1(1), 21 (with rule 26(2))