Judgment of the Tribunal in respect of the appellant’s application to recover its costs following the OFT’s withdrawal of its interim measures direction (“IMD”) at the outset of the appeal proceedings.
The Tribunal held that the OFT should pay the appellant’s reasonable and proportionate costs of (i) preparing the notice of appeal; (ii) attending the case management conference on 15 May 2006 very shortly before which the OFT had indicated that the IMD had been withdrawn; and (iii) the costs application and the costs hearing.