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The cost order options available in Upper Tribunal appeals.
KEY POINTS
- Rules for costs for the Upper Tribunal are similar to those in the High Court.
- Protective costs orders can be granted in a few circumstances.
- Future costs may be capped but these are difficult to obtain.
- Conditions for a costs limiting order.
- Effect of the Upper Tribunal’s decision in Drummond.
An increasing number of appeals are made from First-tier Tribunal decisions to the Upper Tribunal (Tax and Chancery Chamber) so it is important to be aware of the differences between them in the rules and procedures relating to costs awards.
The most notable difference is that the process moves from a virtually cost-free environment to one where the successful litigant has an established right to their reasonable costs. In other words in the Upper Tribunal the appellant and...
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