header-logo header-logo

Clearer on costs

04 August 2016 / Caoimhe McKearney , Alexander Bastin
Issue: 7710 / Categories: Features , Property , Costs
printer mail-detail

Caoimhe McKearney & Alexander Bastin welcome a decision from the Upper Tribunal that has provided clarity on the “unreasonable” test for costs awards in the Property Tribunal

  • In Willow Court Management Company (1985) Limited v Alexander the Upper Tribunal made clear that costs orders under r 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 ought to be relatively rare.

Rule 13(1) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs (other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.

The introduction of r 13(1) on 1 July 2013 looked to mark a significant departure from the rules of the old Leasehold Valuation Tribunal,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
back-to-top-scroll