# The Gambling Appeals Tribunal Rules 2006, Article 28: Costs


(1) In this rule—
(a) “costs order” means an order (other than a fee reimbursement order) that a party pay the whole or part of the costs, or in Scotland, expenses reasonably incurred by another party;
(b) “fee reimbursement order” means an order under paragraph (4);
(c) “paying party” and “receiving party” mean, respectively, the parties against whom and in whose favour the Tribunal makes or considers making a costs order.
(2) The Tribunal may make a costs order against an appellant if it considers the bringing of the appeal, or the appellant’s conduct in relation to the appeal, to be unreasonable or improper.
(3) The Tribunal may make a costs order against the Commission if it considers—
(a) that the Commission’s decision or action which is the subject of the appeal was unreasonable to the extent that no reasonable person having the Commission’s powers and being subject to the Commission’s duties could have made that decision or taken that action; or
(b) that the Commission’s conduct in relation to the appeal was unreasonable or improper to the extent that no reasonable person having the Commission’s powers and being subject to the Commission’s duties would have conducted themselves in that way; or
(c) that both paragraphs (a) and (b) apply.
(4) If the Tribunal allows the appellant’s appeal but does not make a costs order against the Commission it must, unless it considers that there is a good reason not to do so, order the Commission to pay the appellant an amount equal to any fees paid by the appellant.
(5) The Tribunal must not make a costs order or a fee reimbursement order without first giving the party against whom the order is made an opportunity to make representations against the making of the order.
(6) Where the Tribunal makes a costs order it may make an order—
(a) that an amount fixed by the Tribunal must be paid to the receiving party; or
(b) that the costs shall be assessed or expenses shall be taxed—
(i) in England and Wales, by a costs officer; and
(ii) in Scotland, by the Auditor of the Court of Session;
on such basis as the Tribunal specifies.

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Source: https://www.legislation.gov.uk/uksi/2006/3293/article/28 (the official version)
Page: https://openlegislation.uk/gambling-appeals-tribunal-rules-2006/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.