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19.1 In this PD "costs" includes legal costs, expenses, allowances paid by the Secretary of State and payment in respect of time spent in preparing a case. Such costs may relate to interim applications or hearings or to a PH or FH.
19.2 An application for costs must be made either during or at the end of a relevant hearing, or in writing to the Registrar within 14 days of the seal date of the relevant order of the EAT or, in the case of a reserved judgment, as provided for in paragraph 18.1 above.
19.3 The party seeking the order must state the legal ground on which the application is based and the facts on which it is based and, by a schedule or otherwise, show how the costs have been incurred. If the application is made in respect of only part of the proceedings, particulars must be given showing how the costs have been incurred on that specific part. If the party against whom the order is sought wishes the EAT to have regard to means and/or an alleged inability to pay, a witness statement giving particulars and exhibiting any documents must be served on the other party(ies) and lodged with the EAT: further directions may be required to be given by the EAT in such case.
19.4 Such application may be resolved by the EAT on the papers, provided that the opportunity has been given for representations in writing by all relevant parties, or the EAT may refer the matter for an oral hearing, and may assess the costs either on the papers or at an oral hearing, or refer the matter for detailed assessment.
19.5 Wasted Costs. An application for a wasted costs order must be made in writing, setting out the nature of the case upon which the application is based and the best particulars of the costs sought to be recovered. Such application must be lodged with the EAT and served upon the party(ies) sought to be charged: further directions may be required to be given by the EAT in such case.
19.6 Where the EAT makes any costs order it shall provide written reasons for so doing so if such order is made by decision on the papers. If such order is made at a hearing, then written reasons will be provided if a request is made at the hearing or within 21 days of the seal date of the costs order. The Registrar shall send a copy of the written reasons to all the parties to the proceedings.