Article 25 Costs of applications for statutory review
This rule applies where—
a party has applied to the High Court or the Court of Session under section 101(2) of the 2002 Act for a review of a decision of the Tribunal; and
the High Court or the Court of Session has reserved the costs (or, in Scotland, expenses) of that application to the Tribunal.
The Tribunal has discretion whether to order one party to pay the costs or expenses of that application to another.
If the Tribunal orders one party to pay costs of an application to the High Court to another, it must refer the case to a costs judge to assess the amount of costs to be paid.
If the Tribunal orders one party to pay expenses of an application to the Court of Session to another, it must refer the case to an Auditor of the Court of Session for the taxation of those expenses.
In paragraph (3), “costs judge” means a taxing master of the Supreme Court of England and Wales.