Rule 34C Personal liability of representatives for costsF1

The Appeal Tribunal may make a wasted costs order against a party’s representative.

In a wasted costs order the Appeal Tribunal may disallow or order the representative of a party to meet the whole or part of any wasted costs of any party, including an order that the representative repay to his client any costs which have already been paid.

“Wasted costs” means any costs incurred by a party (including the representative’s own client and any party who does not have a legal representative):

In this rule “representative” means a party’s legal or other representative or any employee of such representative F2...

Before making a wasted costs order, the Appeal Tribunal shall give the representative a reasonable opportunity to make oral or written representations as to reasons why such an order should not be made. The Appeal Tribunal may also have regard to the representative’s ability to pay when considering whether it shall make a wasted costs order or how much that order should be.

When the Appeal Tribunal makes a wasted costs order, it must specify in the order the amount to be disallowed or paid.

The Registrar shall inform the representative’s client in writing—

Where the Appeal Tribunal makes a wasted costs order it shall provide written reasons for doing so if a request is made for written reasons within 21 days of the date of the wasted costs order. The Registrar shall send a copy of the written reasons to all parties to the proceedings.