“…However, the issue as to when a cost order against a court or tribunal is appropriate did arise before this court in R (Davies) v Birmingham Deputy Coroner [2004] EWCA Civ 207; [2004] 1 WLR 2739 in which Brooke LJ (with whom Longmore LJ and Sir Martin Nourse agreed) set out his conclusions in [47], as follows:…”
“…he claimant which the defendant would not otherwise have been ordered to pay. As Brooke LJ said in R (on the application of Davies) v Birmingham Deputy Coroner [2004] EWCA Civ 207; [2004] 1 WLR 2739 at para.45(7):…”