Article 21 Orders for expenses
Subject to paragraph (2), the Panel may make an order awarding expenses (including outlays)–
against the appellant (including an appellant who has withdrawn an appeal) if it is of the opinion that the appellant has acted vexatiously or that the conduct of the appellant in making or pursuing an appeal was unreasonable;
against OSCR where it considers that the decision against which the appeal is made was unreasonable;
as respects any expenses incurred, or any allowances paid, as a result of a postponement or adjournment of a hearing at the request of either the appellant or OSCR; or
as respects any expenses incurred as a consequence of the late amendment of reasons for an appeal or reply.
No order may be made under paragraph (1) against the appellant or OSCR without first providing an opportunity of making representations against the making of the order.
An order under paragraph (1) shall require the party against whom it is made to pay the other party either –
a specified sum in respect of the expenses incurred by that other party in connection with the proceedings; or
the whole or part of those expenses, on a scale appropriate to ordinary cause actions in the sheriff court, as assessed by the auditor of the sheriff court unless otherwise agreed between the parties.
Counsel’s fees and the fees for instruction of Counsel shall be allowed as an item of a party’s expenses only where the Panel has sanctioned the employment of Counsel.