Law digests: 14 February 2025

Costs

Rana and another v Assethold Ltd [2025] UKUT 19 (LC)

The Upper Tribunal found that the First-tier Tribunal (FTT) had erred in its decision regarding three specific items of expenditure and its refusal to award costs under Rule 13(1)(b) of the Tribunal Proceedings (FTT) (Property Chamber) Rules 2013. It determined that the costs for internal decoration of flat 2 and the replacement of a fan in flat 3 were not payable, and that the cost for external decoration was not reasonably incurred. The tribunal also found that the respondent’s conduct was unreasonable and awarded costs to the appellants.

Trappit SA and other companies v GBT Services UK Ltd [2024] EWHC 3285 (Ch)

The court held that the claimants had not provided cogent reasons to depart from the usual rule under CPR 38.6 that a claimant who discontinues is liable for the defendant’s costs incurred up to the date of discontinuance. The court also held that the defendant’s conduct was not sufficiently out of the norm to warrant indemnity costs being awarded.

Evidence

Morris