Case No. UKUT-0074-(LC)

…” (my emphasis)61. Further, the claimants would most certainly have been told the same if they had either a compensation surveyor or a solicitor (or both) formally acting for them. The timing of service of the County Court claim also, as strenuously pointed out by the Council, coincided precisely with the point at which the claimants signed and returned the unfortunately titled ‘Receipt of Advance Payment of Compensation’ form, but it was not referred to in the claim.62. The fact that the leaseholders in all the other privately-owned flats in the block have agreed compensation provides to me further support (if indeed it were needed) for my conclusion that the claimants’ actions in taking the matter to court without any advice or professional representation was ill considered and unnecessary.63. There can be absolutely no merit in the claimants’ argument that the Tribunal should determine that the Council pay the £10,000 filing fee. That fee was not caused by the compulsory acquisition of the property, and the Claimants’ choice to incur it was not a reasonable step in mitigation of the loss they sustained. The Council, on the question of costs incurred in defending the claim, sought the sum of £2,144.10, but I have no jurisdiction to deal with those costs.