CA-2024-002282 - [2025] EWCA Civ 1319

I agree.

The purpose of the tenants seeking a costs-capping order is to limit their exposure to an adverse costs order if they lose the appeal. But the practical effect of such an order in the present case would, as Birss LJ has so well explained, mean that any costs not recovered from them would (so long as reasonable) be recoverable from the tenants on the estate as a whole. So the real contest in the present case is not between the tenants who are appealing and their landlord; the real contest is between the 70 tenants who have brought the appeal and the other 366 tenants on the estate who have not. Once seen in that light, I think it inevitably follows that it would not be just to make the order that is sought.

I too would therefore refuse the application.