A tribunal will normally hold one or more preliminary meetings or hearings to deal with administrative and procedural matters.
The normal order at procedural hearings will be “Costs in the Reference.” The costs incurred in preparation for, and attendance at, procedural hearings are invariably necessary for the proper conduct of the reference. There will be no winner or loser in making directions for the future conduct of the reference. As such, the ultimate winner should recover those costs from the ultimate loser.
In other applications—e.g., where one party seeks additional time or some other indulgence from the tribunal—it may be that there is a clear “winner” or “loser.” The party seeking the indulgence should pay the costs of the party from whom the indulgence is sought and indeed those of the tribunal. In those circumstances “Costs in any event” awarded in favour of the “winner” will be appropriate.