Court Proceedings (Delays) Act 2024
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Applicant’s costs in respect of making assessment application | ||
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23. (1) Subject to subsection (5), an Assessor may, not later than one month after the expiry of the period specified in paragraph (b) of section 18 (1), award reasonable costs in favour of an applicant in relation to the costs incurred by him or her in the making of an assessment application where— | ||
(a) the Assessor has made a declaration, in accordance with section 17 (4)(a), that the applicant’s right under section 11 (1) has been breached, and | ||
(b) the applicant has confirmed, in accordance with section 18 (1)(b), that he or she accepts the assessment made by the Assessor under that section. | ||
(2) Where section 18 (2) applies in respect of an assessment application, an Assessor may, not later than one month after the expiry of the period specified in paragraph (b) of section 18 (1), award reasonable costs in favour of an authorised person in relation to the costs incurred by him or her in respect of the legal advice obtained by him or her in accordance with that subsection. | ||
(3) The Minister may from time to time prepare and issue guidelines as to the level of costs that may be awarded under subsection (1) and (2) and, if he or she does so, an Assessor, in awarding costs under either subsection shall— | ||
(a) do so in accordance with such guidelines, and | ||
(b) not award costs in excess of such maximum amount (if any) of costs awardable that is specified by the Minister in the guidelines. | ||
(4) The Minister shall publish, on a website maintained by or on behalf of the Minister, guidelines prepared and issued by him or her under subsection (3) as soon as practicable after they are issued. | ||
(5) Where subsection (1) applies and the assessment includes a statement referred to in section 17 (7)(d), an Assessor may, having regard to such failure and all other relevant circumstances, determine that no award of costs be made under subsection (1). | ||
(6) The Minister shall, not later than 2 months after the date on which the assessment concerned becomes binding, pay to— | ||
(a) the applicant any costs awarded under subsection (1), and | ||
(b) the authorised person any costs awarded under subsection (2). |