Information Note - Cost Recovery for Dispute Settlement Role
| Published date | 10 November 2017 |
| Year | 2017 |
| Energy Sector | Corporate |
_____________________________________________________________________________
Northern Ireland Authority for Utility Regulation
Queens House, 14 Queen Street, BELFAST, BT1 6ED
T: +44 (0) 28 9031 1575 F: +44 (0) 28 9031 1740 W: www.uregni .org.uk
Utility Regulator Policy on Cost Recovery for Dispute Settlement Role
Introduction
The Utility Regulator (UR) has, under a number of pieces of legislation
1
, been given the role of acting
as dispute resolution authority in relation to certain types of dispute which may be referred to it for
determination.
In most cases, the UR has the power to recover the costs or expenses incurred by it in determining
these disputes.
2
This policy statement concerns how the UR will exercise those powers when it makes determinations
in the future. We wish to state clearly our intended approach to the recovery of the costs incurred in
determining any dispute which has been referred to us.
Policy
The UR's policy is that, other than in exceptional cases, whenever it determines a dispute in respect of
which it has a power to recover its costs, it will also make an order which requires one or both of the
parties to the dispute to pay an amount equal to the specified costs incurred.
In determining which party is required to pay the UR's costs, or (in a case in which both parties are to
bear some part of the costs) the proportion to be paid by each party, the UR will take into account all
the circumstances of the case. This will include, without limitation, the outcome of the dispute, the
reasons for reaching that outcome, the conduct of each party in the period giving rise to the dispute,
the conduct of each party during the dispute process, the extent to which each party has or has not (for
instance through the clarity, or lack of it, of submissions and evidence) contributed to the efficient
disposal of the dispute, and the financial means of each party.
The costs that the UR is entitled to recover may, without limitation, include internal staff costs and
overheads, costs incurred on external advisors and consultants, costs incurred by those advisors and
consultants, and disbursements (including for example costs of reports and stu dies and travel costs).
In determining the circumstances of each individual case, the UR may choose either not to make a
costs order, or not to make an order in respect of the full amount of its costs. The UR does not intend
to set out an exhaustive list of such cases, since each situation will be considered on its merits in the
light of the circumstances prevailing at the time.
However, the type of situation that the UR would be likely to regard as exceptional is one in which the
person referring the dispute has been unsuccessful but lacks the financial means to pay the costs in
1
Primarily the Electricity (NI) Order 1992, the Gas (NI) Order 1996, the Energy (NI) Order 2003, the Water & Sewerage Services (NI) Order
2006, the Gas Directive (Directive 2009/73/EC) and the Electricity Directive (Directive 2009/72/EC).
2
By way of an example see Article 26(7)(a) of the Electricity (NI) Order 1992.
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