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Save for the cover sheet, this decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)). That sheet is not formally part of the decision and identifies the patient by name.
The Upper Tribunal has no jurisdiction to make the award of costs sought by the patient against the First-tier Tribunal.
On 11 February 2011, I decided that the First-tier Tribunal had, on 14 December 2009, made an error of law in the patient�s case, but I decided not to set its decision aside. My decision was issued to the parties on 1 March 2011. On 24 March 2011, the patient�s solicitors applied on his behalf for an order for costs against the First-tier Tribunal. I have no jurisdiction to make that order. This is why.
The powers of the First-tier Tribunal and the Upper Tribunal to award costs are governed by paragraph 12 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
The Upper Tribunal�s power is governed by rule 10 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698):
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