Tribunals

1. Wasted Costs

1.1. Tribunals Courts and Enforcement Act 2007

1.1.1. Section 29(4): can be made against a representative

1.1.2. Section 29(5): Defines Wasted Costs

1.2. 3 pieces of case authority

1.2.1. Harley v McDonald 2001: Are discretionary

1.2.2. Ridehalgh v Horsefield 1994: Mere mistake is not sufficient

1.2.3. Orchard v SE Electricity Board 1987: Should not be used as a threat

2. Unreasonable Conduct

2.1. Rule 10(3)(d) of the Tribunal Procedure (Upper Tribunal) Rules 2008

2.2. Rule 10 (1) Health, Education and Social Care Chamber) Rules 2008

2.3. Also defined in the other chamber specific First Tier Rules where applicable

3. Appeals

3.1. Rule 10 (1) of the Tribunal Procedure (Upper Tribunal) Rules 2008

3.2. Rule 10 (4) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

4. First Tier

4.1. Seven First Tier

4.2. 2 have no power to award costs at all

4.2.1. Social Entitlement Chamber

4.2.2. War Pensions and Armed Forces Compensation Chamber

4.3. Other 5 may make orders in respect of wasted costs and unreasonable conduct

5. Upper

5.1. 4 Upper Chambers

5.2. 3 Chambers Governed by the Tribunal Procedure (Upper Tribunal) Rules 2008

5.2.1. Administrative Chamber

5.2.2. Tax and Chancery Chamber

5.2.3. Asylum and Immigration Chamber

5.3. Lands Chamber governed by the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

5.4. May make orders in respect of wasted costs, unreasonable conduct and appeals