Ruling in respect of the assessment of costs incurred up to the date of the Tribunal’s judgment of 19 November 2004, [2004] CAT 18.
Following an order of the Tribunal made on 1 December 2004 requiring OFCOM to bear the appellant’s costs, OFCOM paid on account 80 per cent of the appellant’s legal fees and 25 per cent of the combined fees of two advisers to the appellant on technical and other matters. This payment was rejected by the appellant as a full and final settlement of its costs of the appeal. OFCOM then applied to the Tribunal for an assessment of the appellant’s claimed costs.
The Tribunal was not satisfied that the work done by two of the appellant’s advisers was work of an independent expert nature which was capable of being the subject of an order for costs. Further, in relation to one of the advisers, the appellant had not provided any evidence to show that the costs incurred were reasonable or proportionate.
The Tribunal held that OFCOM should make a further payment of £6,000 in respect of the fees and disbursements of the appellant’s legal advisers.
