The Directors of the IHRB, at their Board Meeting on 11 December 2024 approved the following changes to Rule 267 which will become effective on 12 December 2024:  

COSTS 

267 

1. Costs and/or expenses incurred by the IHRB in connection with any Appeal, Referral, Enquiry, Investigation or any other matter in accordance with these Rules, or by the Referrals Committee, the Licensing Committee or the Appeals Body in relation to determining any matter, shall be paid by such person or persons and in such proportions as the Referrals Committee, the Licensing Committee or the Appeals Body may direct. Any deposit which may have been paid may be forfeited as part of the award of costs and expenses.  

1. Awarding Costs: The award of costs and expenses shall be at the discretion of the Referrals Committee, Appeals Body or Licensing Committee as the case may be. Unless the Referrals Committee, Appeals Body or Licensing Committee provide otherwise any costs awarded against any party shall be recoverable on a party and party basis.  

1. In determining the liability for and apportionment of costs and expenses, the Referrals Committee, Appeals Body or Licensing Committee may have regard to behaviour that is unreasonable, frivolous, or vexatious, where such behaviour is held to have directly caused expense by contributing to the duration or complexity of hearings, or a party has acted with willful disregard for fairness, truth, or these Rules. 

1. Amount of Costs: In the event of the amount of such costs not being agreed, the Bill of Costs shall be submitted for adjudication to a mutually agreed independent legal costs accountant whose decision thereon shall be final and binding. The expense of the legal costs accountant shall be borne by the party seeking adjudication. In the event of disagreement as to the identity of the independent legal costs accountant, the IHRB shall request the President for the time being of the Institute of Legal Costs Accountants to nominate such accountant and his nomination shall be accepted by the parties in dispute. The independent legal costs accountant shall, having given each party an opportunity to make submissions (oral or written or both at the accountant’s discretion), adjudicate on the matters in dispute and decide on the amount due on foot of the Bill of Costs. The legal costs accountant shall certify the amount due and such certificate shall be final and binding on the parties. 

1. Recovery of Costs: Costs awarded by the Appeals Body, Referrals Committee or Licensing Committee shall be payable forthwith upon them being agreed or on the issue of a Certificate by the independent legal costs accountant. 

1. Enforcement of Orders: Costs awarded but not paid shall be recoverable as a simple contract debt by summary proceedings instituted in any court of competent jurisdiction in Ireland or Northern Ireland at the option of IHRB. In addition, and without prejudice to the institution of such proceedings, any deposit which may have been paid may be forfeited in part discharge of such costs. In addition, and without prejudice to the foregoing, a failure to pay costs shall be a valid ground for the IHRB to refuse to renew any license, permit or permission until such costs have been discharged in full. 

1. Right to Appeal: Any party subject to a costs order by the Referrals Committee or Licensing Committee has the right to appeal the decision. Appeals may be submitted to an Appeals Body in accordance with the Rules of Racing, which will review the order and may confirm, amend, or set aside the costs order as it deems appropriate