We have just had the result of our only oral costs hearing since 2005. It is a thoroughly fair and very satisfying result.
At the heart of our case were a set of arguments we have rerun in a number of appeals. This is the first time we have had the opportunity to discuss them with a panel of 3 ICAs – and a proper discussion it was. I would go further, in the absence of a LAA Presenting Officer the panel tested our position more thoroughly than had they simply been adjudicating between two positions. There is no harm in that. Unanimously they agreed with our interpretation. The very same position has, on more than one occasion, been rejected by a single ICAs sitting alone, in camera.
At the weekend I spoke to a client who only achieved a similar degree of common sense by threatening JR.
One anticipates that there is no appetite to resolve this unhappy state of affairs.
