Costs—EAT

It was established law that an appeal on costs could only succeed on the basis of an error of law. In relation to costs, that would include taking into consideration something irrelevant or something that was clearly wrong in the exercise of the discretion. If proceedings were misconceived, namely, had no reasonable prospect of success, and the tribunal considered it appropriate to do so, it could make an order for costs. It could specify the sum as long as it was under £20,000, and it could, if it say fit, have regard to the payer’s ability to pay when it came to decide whether to make an order and what that sum should be.