[2023] UKUT 271 (LC)

By virtue of Section 12 of the Tribunals, Courts and Enforcement Act 2007 I may set aside the decision of the FTT to impose the Costs Condition, if I find that the decision involved an error on a point of law. More accurately, I may set aside the Reviewed Decision so far as it contained the decision to impose the Costs Condition, if I find that the decision to impose the Costs Condition involved an error on a point of law. For the reasons which I have given I have found that the decision to impose the Costs Condition did involve errors on points of law.

I can however see no basis on which I should leave the Reviewed Decision undisturbed. It seems to me that the Reviewed Decision must be set aside, so far as it contains the decision to impose the Costs Condition. If the failure to take Paragraph 9 into account was the only error of law which existed in relation to the decision to impose the Costs Condition, one might conclude that the decision should stand, since Paragraph 9 would, on that hypothesis, simply constitute another reason why the Appellant could not recover the Costs from those of the Respondents holding qualifying leases. This is not however the position. In the earlier part of this decision, and independent of the failure to take Paragraph 9 into account, I have concluded that the decision to impose the Costs Condition cannot stand in relation to any of Respondents.