[2024] UKUT 00303 (LC)

As regards Mr Bashir’s costs, section 17(10) of the 1961 Act provides that:

Consequently, as the Tribunal’s 2024 Practice Directions explain at paragraph 13.7, costs reasonably incurred by the appellant in an appeal under s.18 (assuming the appellant is the party claiming compensation) are taken into account at the point the Tribunal assesses the amount of compensation payable to them in respect of the compulsory acquisition of their land. Accordingly, it is not Mr Bashir’s costs that are in issue before us, at least for the moment, and Newham reserves its position on that point. What is disputed is whether Newham should recover any of its costs of Mr Bashir’s appeal against Newham’s ‘nil’ certificate.

Section 29 of the Tribunals, Courts and Enforcement Act 2007 provides:

The relevant Tribunal Procedure Rules, to which the powers in section 29 are made subject, are the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (“the Rules”) rule 2(1) of which states that:

Rule 2(3) requires the Tribunal to:

As amended, Rule 10 provides, so far as relevant:

“Orders for costs

10.

– (1) The Tribunal may make an order for costs on an application or on its own initiative.

(2)

Any order under paragraph (1) –

(a)

may only be made in accordance with the conditions or in the circumstances referred to in paragraphs (3) to (6);

…

(3)

The Tribunal may in any proceedings make an order for costs –

(a)

under section 29(4) of the 2007 Act (wasted costs) and for costs incurred in applying for an order for such costs;

(b)

if the Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings;

in the circumstances to which paragraph (14) refers.