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Victory – but at what cost?

From a review of recent costs decisions, it is difficult to escape the conclusion that the FTT can be guilty of inconsistency and results-led reasoning when exercising its jurisdiction in relation to costs orders, write Adam Craggs and Harry Smith (RPC). 

Several interesting costs decisions have emerged from the First-tier Tribunal (FTT) in recent months. From these decisions it is possible to discern a number of practice points that are relevant for all those involved in tax litigation and who might wish to seek a costs order from the FTT.

Costs recovery in general

The starting point in civil litigation outside the tribunal system is relatively straightforward. Broadly speaking a successful party is entitled to recover their reasonable costs of bringing or defending a claim (as the case may be). The aim is to ensure that those who are put to the inconvenience and expense of having recourse...

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