How unreasonable?

The First-tier Tribunal (Property Chamber) (FTT) is a ‘no costs’ jurisdiction where costs can only be awarded if a party has ‘acted unreasonably’. What threshold of conduct applies and what procedure should be followed before costs can be awarded? The Upper Tribunal (Lands Chamber) has recently given welcome and important guidance in the joined case of Willow Court Management Company (1985) Ltd v Alexander LRX/90/2015.

This article was published in the Solicitors’ Journal on 12th July.