Tribunal Procedure (Amendment) Rules 2013/477

These rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, from 1/4/13: rule 1(3) (interpretation); rule 10(1) (circumstances in which Tribunal may award costs); rule 10(5) (time limits on seeking orders for costs); rule 10(7)(c) (detailed assessment); rule 10(9) (amount to be paid on account before the costs or expenses are assessed); rule 11(8) (persons who may not be representatives in a mental health case); rule 17 (withdrawal); rule 33 (notice of proceedings to interested persons); rule 41 (decisions: mental health cases); rule 46 (application for permission to appeal).

Paraphrased extract from Explanatory notes

(1) Some amendments affect various chambers, including the HESC chamber: Rule 13 makes clearer provision regarding the date from which time for applying for costs runs after a case is withdrawn; Rule 17 extends the power to withdraw a case to circumstances in which a case has been adjourned part heard; Rule 18 introduces a time limit for appeals against decisions other than decisions which dispose of all the issues in the proceedings; Rules 21 makes amendments to treat preliminary issues in the same way as decisions which dispose of all the issues in the proceedings, in relation to hearings, the provision of reasons and the rules on appeals. (2) Other rules implement certain recommendations from the Report by the Costs Review Group to the Senior President of Tribunals (December 2011) regarding the rules on costs or expenses: Rule 12 provides that an award of wasted costs may include the costs of seeking that wasted costs order; Rule 14 provides that a detailed assessment of costs or expenses should include the costs of that assessment; Rule 15 provides that the Tribunal may order an interim payment of costs on account, where it has made an award of costs which are to be assessed.

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