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.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
After years of talk on meaningful reform, will 2025 be the year that things begin to change?
