Extract from the costs award:
The threshold of what is "wholly unreasonable," as opposed to "unreasonable," is a high one.
The Enforcement Authority had been cognizant of the Appeal issue from the outset; that issue is one which the Tribunal had been caused to consider in multiple Appeals, the determinations of the Tribunal in such Appeal had been made known to the Enforcement Authority.
I find that the Enforcement Authority's behaviour in its silence throughout the process with regard to the pertinent issue raised by the Tribunal to be negligent in its approach to pursuing the alleged contravention at the very least, or inappropriate in continuing with the case by resisting the Appeal at worst, and thereby amounts to wholly unreasonable behaviour on the part of the Enforcement Authority warranting this award.
I therefore move on to consider quantum: In this respect I have regard to the amount claimed in the Application statement document; attendance at the Tribunal personally is entirely an Appellant's preference, I cannot award costs/expenses for the same.
I do accept the preparatory work claimed at the litigant in person hourly rate.
2 hours at £19 per hour = £38.00
Accordingly, I order that costs be awarded to the Appellant in the sum of £38 payable by the
Enforcement Authority forthwith.
Enough for some 🍻 at the nearest 'Spoons 😁
